Ending a Periodic Tenancy

chukki_ninja

Hey all

I’m currently renting a property and I’m in a periodic tenancy as a new fixed term contact between me and the land lord was never signed.

I’m due to complete on the purchase of my first house in a week or 2 so I’ll be writing to the LL to give 30 days notice to vacate the rented property.

However, I’m having a bit of trouble deciphering the following line of the original tenancy agreement:

“The tenants notice must end on the first day or the last day of a period of the tenancy in accordance with common law rules”

I pay my rent on the 4th of every month. If I give 30 days notice on 10th June to take me through to 9th July will I have to pay another full months rent on 4th July? Or can I just pay for the extra few days?

Cheers
Dave

AdrianC

Ask the landlord. He may be willing to do that. But your contract is rent day to rent day.

G_M

AdrianC wrote: »

But your contract is rent day to rent day.

No it's not.

It's "first day or the last day of a period of the tenancy". Rent may or may not be paid on th 1st day of the tenancy period.

* on what exact date did your fixed term end?

If, for example, it was 2nd of the month, then tenancy periods would be 2nd to 1st each month. Rent might be paid on the 4th though!

Note common law rules do not specify 30 days notice, so forget that! You need to give a full tenancy period's notice ie 2nd to 1st in example above, though the common law allows notice to expire on 1st or last day of the period (ie 2nd or 1st in above example).

If you wish to end the tenancy on any date other than the last day of a tenancy period, you will need to agree this with your landlord/agent.


* Ending/renewing an AST: what happens when a fixed term ends? How can a LL or tenant end a tenancy? What is a periodic tenancy?

chukki_ninja

Thanks all for the replies

G_M wrote: »

* on what exact date did your fixed term end?

The original fixed term agreement ended on 8th Aug 2018. I'll get the notice put in asap and see what the LL comes back with.

Thanks
Dave

G_M

chukki_ninja wrote: »

Thanks all for the replies

The original fixed term agreement ended on 8th Aug 2018. I'll get the notice put in asap and see what the LL comes back with.

Thanks
Dave

So you must serve notice on/before 8th June in order to end the tenancy on the 8th or 9th July.