Giving Notice to end tenancy

abedegno

Hi,

I want to give 1 months notice to terminate my tenancy but I have a query. My understanding was that notice could be given at any time, however a clause in my contract states:
"The notice must be served on the rental due date, in accordance with the housing act 1988"

My tenancy start date was 24 of the month (I assume that is the rental due date), so if I want to serve notice I have to do it on the 24 August?

Thanks

Abe

muhandis

No, all you need to do is give adequate notice.

Q: There is a term in the agreement as follows “The tenant can only serve notice in writing one complete month from the end of the tenancy. The notice must be served on the rental due date, in accordance with the housing act 1988” There is nothing in the agreement to say that when the fixed term expires the tenancy will continue as a periodic. So I am unsure if I needed to give notice or not!

A: The clause in your tenancy agreement is not, in my view, enforceable. The Housing Act 1988 does not require tenants to service notice ‘on the due rental date’. I am not aware of any part of the Housing Act 1988 which requires a tenant to serve a notice ON a particular day. It’s always about how much notice you give.

So a landlord can’t say ‘Ha ha! You didn’t serve notice last Thursday so now you can’t serve notice to quit for another month’.

Apart from that, under the unfair contract terms rules (now in the Consumer Rights Act 2015) a landlord cannot take away a tenant’s rights under the common law. Which this clause appears to be doing.

https://www.landlordlawblog.co.uk/2016/11/15/can-landlord-claim-rent-fixed-term-ends-tenant-moved/

Comms69

muhandis wrote: »

No, all you need to do is give adequate notice.

Q: There is a term in the agreement as follows “The tenant can only serve notice in writing one complete month from the end of the tenancy. The notice must be served on the rental due date, in accordance with the housing act 1988” There is nothing in the agreement to say that when the fixed term expires the tenancy will continue as a periodic. So I am unsure if I needed to give notice or not!

A: The clause in your tenancy agreement is not, in my view, enforceable. The Housing Act 1988 does not require tenants to service notice ‘on the due rental date’. I am not aware of any part of the Housing Act 1988 which requires a tenant to serve a notice ON a particular day. It’s always about how much notice you give.

So a landlord can’t say ‘Ha ha! You didn’t serve notice last Thursday so now you can’t serve notice to quit for another month’.

Apart from that, under the unfair contract terms rules (now in the Consumer Rights Act 2015) a landlord cannot take away a tenant’s rights under the common law. Which this clause appears to be doing.

https://www.landlordlawblog.co.uk/2016/11/15/can-landlord-claim-rent-fixed-term-ends-tenant-moved/

Notice to end a statutory periodic tenancy must align with the tenancy period.

muhandis

Of course. The query was whether notice needs to be served on a particular date. Which it doesn't.

Comms69 wrote: »

Notice to end a statutory periodic tenancy must align with the tenancy period.

G_M

abedegno wrote: »

Hi,

I want to give 1 months notice to terminate my tenancy but I have a query. My understanding was that notice could be given at any time, however a clause in my contract states:
"The notice must be served on the rental due date, in accordance with the housing act 1988"

My tenancy start date was 24 of the month (I assume that is the rental due date), so if I want to serve notice I have to do it on the 24 August?

Abe

Please confirm:
* is this England/Wales?
* is your tenancy in a fixed term?
* if yes, is there a Break Clause and what does it say?
* If yes, what is the end date?
* if no, was the tenancy periodic (rolling) from the start?
* if not,w hat did the tenancy agreement say would happen when the fixed term ends (if anything)?


I suspect the clause you quoted is a partial quote - please quote in full the clause relating to notice.


It seems likely that you have either a SPT or a CPT (see questions above, and link below). Notice is likely to have to end on a tenancy period end date (ie 23rd of the month), and to include a complete period (24th- 23rd) so whilst it could be a month's notice (if served on exactly the 24th) it could be longer (if served on an ealier date).



* 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?

abedegno

It's England/Wales.
The tenancy is fixed term, which ends August 23 2019.
The tenancy says nothing about what happens at the end of the fixed term, so my understanding is it automatically becomes a SPT.
The full quote is:
"The tenant can only service notice in writing one complete month from the end of the tenancy. The notice must be served on the rental due date, in accordance with the housing act 1988.

G_M wrote: »

Please confirm:
* is this England/Wales?
* is your tenancy in a fixed term?
* if yes, is there a Break Clause and what does it say?
* If yes, what is the end date?
* if no, was the tenancy periodic (rolling) from the start?
* if not,w hat did the tenancy agreement say would happen when the fixed term ends (if anything)?


I suspect the clause you quoted is a partial quote - please quote in full the clause relating to notice.


It seems likely that you have either a SPT or a CPT (see questions above, and link below). Notice is likely to have to end on a tenancy period end date (ie 23rd of the month), and to include a complete period (24th- 23rd) so whilst it could be a month's notice (if served on exactly the 24th) it could be longer (if served on an ealier date).



* 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?

G_M

abedegno wrote: »

It's England/Wales.OK
The tenancy is fixed term, which ends August 23 2019. So you do not need to serve notice if you leave on 23/8/19
The tenancy says nothing about what happens at the end of the fixed term, so my understanding is it automatically becomes a SPT. Do you intend to remain beyond 23/8/19?
The full quote is:
"The tenant can only service notice in writing one complete month from the end of the tenancy. The notice must be served on the rental due date, in accordance with the housing act 1988.

A fixed term contract is just that - fixed term. At the end of the fixed term, the contract ends whether notice is served or not.



So you can simply move out without notice on/before 23/8/19. Of course, it is polite, and helpful to all sides, if you discuss your intentions, but legally not required.


If you remain beyond the fixed term (ie 24/8/19), then a SPT will arise (or possibly a CPT), and then you will need to serve notice to end it.


Do you plan to stay or leave on 23/8/19?

abedegno

Hi,

My plan is to stay on 24/8/19 and leave on 23/9/19.

Best Regards

Abe

G_M

abedegno wrote: »

Hi,

My plan is to stay on 24/8/19 and leave on 23/9/19.

Best Regards

Abe

On 24/8 you will create a periodic tenancy. You cannot serve notice to end it before it starts, so the earliest you can serve notice is 24/8.

Since your notice must include a complete tenancy period (24-23 of month), if you serve notice later than 24/8, it will not expire till 23/10.

Therefore to end the tenancy on 23/9 you must serve notice on 24/8.No earlier and no later.


Notice can be served in person iehand deliver. Ideally have a witness(or get a receipt on delivery).


If you use the post, service is deemed to happen 2 working days after posting 1st class. So post 1st on 22/8 and ask the post ofice to give you 'proof of posting' (not signed for).

abedegno

Hi G_M,

Can I not send a letter in advance of the 24 August, but state it's effective 24 August?

Thanks

Jon

G_M

abedegno wrote: »

Hi G_M,

Can I not send a letter in advance of the 24 August, but state it's effective 24 August?

Thanks

Jon

You cannot serve notice to end it before it starts, so the earliest you can serve notice is 24/8.