How long is 2 month's notice ?

RA15283

I'm currently renting a property and required to give no less than 2 months notice before I leave.

As we know some months have more days than others.
If I handed in my 2 months on the 24th February does that mean (a) I can end the tenancy on the 24th of April 

Or (b) I would have the assume that as most months have 30 days then the earliest I could give up the tenancy would be 25 or 26 of April ?

I think it should be (a) buy I'd like a second opinion.
Thanks

ThePants999

It would be (a) - but are you sure it's calendar months and not rental periods? Depending on the tenancy agreement, notice often has to align with the start of the tenancy.

gary83

it often Aligns with the rental period I.e. if the rents due on the 1st of the month then the 2 months notice can only be given on that day

RA15283

Thanks for responses.
The agreement isn't specific with regards to calender months or rental periods.

The tenancy agreement states...
The tenancy will commence on 19th January 2016 and end on 18th January 2017.
If the tenancy is not brought to an end by either party on the above term it will continue thereafter on a month to month basis until terminated by either party giving no less than 2 months written notice to the other party.

oldbikebloke

RA15283 said:

Thanks for responses.
The agreement isn't specific with regards to calender months or rental periods.

The tenancy agreement states...
The tenancy will commence on 19th January 2016 and end on 18th January 2017.
If the tenancy is not brought to an end by either party on the above term it will continue thereafter on a month to month basis until terminated by either party giving no less than 2 months written notice to the other party.

so you quite clearly have a STATUTORY PERIODIC TENANCY under which case you, as the tenant, are required to give 2 RENTAL PERIOD'S NOTICE  (as explained in G-M's sticky at the top of the board) 
https://forums.moneysavingexpert.com/discussion/comment/67759913#Comment_67759913

your FIXED period ended on 18th January,  so you are REQUIRED to give notice aligned with that date. Your notice, if served today, is therefore for 18th May - ie. 2 rental periods after "today"

naturally, whether your Landlord understands the law, and wants to apply it, is an entirely different question. Have you tried it on yet? 

notrouble

RA15283 said:

The tenancy will commence on 19th January 2016 and end on 18th January 2017.
If the tenancy is not brought to an end by either party on the above term it will continue thereafter on a month to month basis until terminated by either party giving no less than 2 months written notice to the other party.

So 2 calendar months.

Serve notice on 24th Feb to end the tenancy 2 calender months later on 21st April, or later. You must specify the date you wish the tenancy to end.

Note: 22 April would be 2 months + 1 day.

oldbikebloke

notrouble said:

RA15283

The tenancy will commence on 19th January 2016 and end on 18th January 2017.
If the tenancy is not brought to an end by either party on the above term it will continue thereafter on a month to month basis until terminated by either party giving no less than 2 months written notice to the other party.

So 2 calendar months.

Serve notice on 24th Feb to end the tenancy 2 calender months later on 21st April, or later. You must specify the date you wish the tenancy to end.

Note: 22 April would be 2 months + 1 day.

No, the tenancy period ends on the 18th, so + 2 months from today (23/2/20) would be 18 May 20, on the basis OP is too late to serve notice timed for 18th April

notrouble

oldbikebloke said:

notrouble said:

RA15283 said:

The tenancy will commence on 19th January 2016 and end on 18th January 2017.
If the tenancy is not brought to an end by either party on the above term it will continue thereafter on a month to month basis until terminated by either party giving no less than 2 months written notice to the other party.

So 2 calendar months.

Serve notice on 24th Feb to end the tenancy 2 calender months later on 21st April, or later. You must specify the date you wish the tenancy to end.

Note: 22 April would be 2 months + 1 day.

WRONG
a tenant is bound by the tenancy periods which, in this case, run 19th to 18th on a monthly basis 

WRONG.

a tenant is bound by the tenancy contract terms which, in this case state simply 2 months.

If the contract were silent, the notice period would be determined by common law as opposed to contract law. And yes, in that case the tenancy periods would be relevant.

Shelter has this to say:

"The amount of notice you have to give to end your tenancy will depend on the type of tenancy you have.

Check your tenancy agreement to find out how much notice you have to give - you might have to give more than the minimum notice." In other words, if the contract specifies the notice, that is what determines the notice.

edit: I see you've amended your advice oldbikebloke, however you are still wrong as the contract does not require alignment with tenancy periods.

:

oldbikebloke

notrouble said:

oldbikebloke said:

notrouble said:

RA15283 said:

The tenancy will commence on 19th January 2016 and end on 18th January 2017.
If the tenancy is not brought to an end by either party on the above term it will continue thereafter on a month to month basis until terminated by either party giving no less than 2 months written notice to the other party.

So 2 calendar months.

Serve notice on 24th Feb to end the tenancy 2 calender months later on 21st April, or later. You must specify the date you wish the tenancy to end.

Note: 22 April would be 2 months + 1 day.

WRONG
a tenant is bound by the tenancy periods which, in this case, run 19th to 18th on a monthly basis 

WRONG.

a tenant is bound by the tenancy contract terms which, in this case state simply 2 months.

If the contract were silent, the notice period would be determined by common law as opposed to contract law. And yes, in that case the tenancy periods would be relevant.

OOOPS, you are correct the OP has a CONTRACTUAL periodic tenancy so 2 calendar months applies 

RA15283

That's been really helpful thanks folks