End of tenancy notice

Nm207

Hi
We have been in the current rental property for the past 4 years. We would like to serve our notice as we are buying now and need to align with other people in the chain for completion. We were counting on 1 month notice from the day notice was served but have since Ben reading online and are slightly confused.

The contract term ended on the 22nd October 2017 and we have been on a roll over period since. Our rent payment date is the 30th of every month. And the following is the snippet from our contact. Could we serve notice on the 18th nov for tenancy termination on the 18th of dec? (This is what we have done in the past with other tenancies)

greatcrested

You have a Contractual Periodic Tenancy, with tenancy periods running from 23rd to 22nd of each month.

(are you sure the fixed term ended on 22nd? Or did it start on 22nd and end on 21st?)

Confusingly you pay rent on the 30th.

The contract requires you to serve notice on the 30th (case law allows you to serve it earlier ie on or before the 30th). Since a months notice is required, notice would therefore expire on the following 29th.

Notice served on 18th Nov 2020 would thus expire on 29th December.

It is unclear what period your rent covers. Is the payment on the 30th to cover the period from the previous 23rd to the following 22nd? ie rent on 30th October was for the period 23rd Oct to 22nd November?

If so, when you pay your rent on 30th November it will cover 23 Nov to 22 December, leaving an outstanding rent due for 23 Dec - 29th Dec.

However that depends as I say on what period each payment covers. That likely depends on what happened at the very start of te tenancy and why the rent payments dates (30th) were not aligned with the tenancy periods (23 - 22nd).

Nm207

@greatcrested. We had asked at the start of the tenancy to move the payment day to the 29/30 tag of each month to align payments with our paydays, even though the term of tenancy started in the 23rd (ending on 22nd). For the first payment, we ended up paying the difference. I guess the question here is, wouldn’t the term dates take precedence over the rent payment date when it comes to calculates the 1 month notice period? 

greatcrested

Nm207 said:

... For the first payment, we ended up paying the difference. I guess the question here is, wouldn’t the term dates take precedence over the rent payment date when it comes to calculates the 1 month notice period? 

So you paid an extra £ to cover 23rd to 29th?

So all subsequent payments on the 30th cover the period 30th to 29th?

So payment on 30th dec 2020 will cover 30/12/20 - 29/1/21.

You have a Contractual Periodic Tenancy. Notice is as defined in the contract, which specifies 'rent due date'.