Tenants giving notice

Mrjohndow

HI,

I am a landlord

I have a 12 month assured shorthold tenancy agreement with my tenants

This tenancy agreement includes a 6 month break clause and my tenants are required to give a 2 month notice period from rent due date

They moved into property on 15th February 2018 and their rent is payable on the 15th of each month ( i.e next payment due 15th November 2018)

My tenants have today (12 November 2018) submitted their 2 months notice to vacate property

I have advised that I would accept their 2 months notice with effect from 15 November 2018 (their rent due date) final date of tenancy being 14 January 2019

Does this sound correct? Or am I supposed to accept notice from date requested

Please help!!!

Comms69

No?

It would be the 14th. 15-14 is a month. Like 1-31; not 1st until 3rd.

Mrjohndow

Comms69 wrote: »

No?

It would be the 14th. 15-14 is a month. Like 1-31; not 1st until 3rd.

Sorry I've amended as follows:

They moved into property on 15th February 2018 and their rent is payable on the 15th of each month ( i.e next payment due 15th November 2018)

My tenants have today (12 November 2018) submitted their 2 months notice to vacate property

I have advised that I would accept their 2 months notice with effect from 15 November 2018 (their rent due date) final date of tenancy being 14 January 2019

Does this sound correct? Or am I supposed to accept notice from date requested

Mrjohndow

theartfullodger wrote: »

They don't have to give 2 months, just at least 1 month expiring on end-of-period date. So valid notice served today could give expiry date 14th December.


Merry Xmas!

The tenancy agreement states 2 months notice required prior to tenancy end date which is 14 February 2019

Comms69

theartfullodger wrote: »

I repeat: They don't have to give 2 months, just at least 1 month expiring on end-of-period date. So valid notice served today could give expiry date 14th December.

See
https://england.shelter.org.uk/housing_advice/private_renting/ending_a_periodic_tenancy
&
HA 1988 s(5)(3)(e)
http://www.legislation.gov.uk/ukpga/1988/50/part/I/chapter/I/crossheading/security-of-tenure
i.e. all terms of tenancy continue into perioidic except those relating to notice needed.

Merry Xmas!

............ Hopefully tenants are reading this thread.


Artful: (Landlord bw..)

Artful I could be wrong; but as far I can read it they are still in the fixed term.

Mrjohndow

Comms69 wrote: »

Artful I could be wrong; but as far I can read it they are still in the fixed term.

Thank you Comms69 , Yes they are still in their fixed term.

I thought accepting 2 month notice from rent due date 15 November 2018 would make a lot more sense

G_M

artful you are drinking again.... or I am!


This is a fixed term,not periodic.

G_M

OP - if you want precise accurate advice, give us precise accurate information! Please quote the Break Clause, exactly, in full.


Oh - and confirm this is England.

saajan_12

Mrjohndow wrote: »

HI,

I am a landlord

I have a 12 month assured shorthold tenancy agreement with my tenants

This tenancy agreement includes a 6 month break clause and my tenants are required to give a 2 month notice period from rent due date

They moved into property on 15th February 2018 and their rent is payable on the 15th of each month ( i.e next payment due 15th November 2018)

My tenants have today (12 November 2018) submitted their 2 months notice to vacate property

I have advised that I would accept their 2 months notice with effect from 15 November 2018 (their rent due date) final date of tenancy being 14 January 2019

Does this sound correct? Or am I supposed to accept notice from date requested

Please help!!!

There's no formal process of 'accepting' notice, but effectively the final date will be 14 Jan 2019 ie the first date 2 months after the next rent due date (15 Nov). They need to pay rent as usual on 15 Nov & 15 Dec 2018.

theartfullodger wrote: »

I repeat: They don't have to give 2 months, just at least 1 month expiring on end-of-period date. So valid notice served today could give expiry date 14th December.

Incorrect.
A) Your quotes regarding a periodic tenancy are irrelevant since they apply AFTER the fixed term ends. The OP has granted a 12 month fixed term ending 14 Feb 2019.

Even if the fixed term ended, the tenancy could have moved onto a Contractual Periodic Tenancy specifying 2 months notice in line with rent dates for the tenant.


OP- you're doing fine!

Mrjohndow

saajan_12 wrote: »

There's no formal process of 'accepting' notice, but effectively the final date will be 14 Jan 2019 ie the first date 2 months after the next rent due date (15 Nov). They need to pay rent as usual on 15 Nov & 15 Dec 2018.



Incorrect.
A) Your quotes regarding a periodic tenancy are irrelevant since they apply AFTER the fixed term ends. The OP has granted a 12 month fixed term ending 14 Feb 2019.

Even if the fixed term ended, the tenancy could have moved onto a Contractual Periodic Tenancy specifying 2 months notice in line with rent dates for the tenant.


OP- you're doing fine!

Thank you for your response saajan_12,

You've taken time to read through my query and have answered my question perfectly.
Its much appreciated.

theartfullodger

Comms69 wrote: »

Artful I could be wrong; but as far I can read it they are still in the fixed term.

Oops! Sorry, my bad, apologies.