Help with required notice period please!!

Moonflower1978

Talk about cutting it fine....!
We are due to exchange tomorrow 27th.
We're on a monthly rolling periodic tenancy on 27th each month. My tenancy agreement states notice must end on the first or last day of a period of the tenancy.
Am I right this means my notice must end on the 26th or 27th? So therefore if exchange goes ahead tomorrow (27th) I could give my notice tomorrow to end on 27th June?

Really don't want exchange to be delayed as that will mean having the rental a further month till end of July.
Our completion date is confirmed for next thes 31st May. 

canaldumidi

Moonflower1978 said:

We're on a monthly rolling periodic tenancy on 27th each month. My tenancy agreement states notice must end on the first or last day of a period of the tenancy.

Am I right this means my notice must end on the 26th or 27th? So therefore if exchange goes ahead tomorrow (27th) I could give my notice tomorrow to end on 27th June?

Is 27th the first or last day of the period? If first, then yes, notice to expire on 26th or 27th, though 26th would be more normal. If 27th not sure what happens re rent as that's an extra day, and as periods are non-divisible you might have to pay another full month's rent.

Moonflower1978

On my original fixed term ( before it went to statutory periodic) it says tenancy commences on 27th so I presume 27th is the first date of tenancy, so therefore my notice can end on the first day so giving notice tomorrow (27th) would that mean my tenancy end correctly on 27th June?

canaldumidi

Correct. Though as I said that would mean the tenancy would have rolled over into day 1 of the next period so a days rent would be owed. As I also said, periods are invisivible so I don't think you can simply pay an extra day's rent - you have to pay for a full period.

Maybe someone knows better?

https://england.shelter.org.uk/professional_resources/legal/renting/how_a_tenant_can_end_a_tenancy/occupiers_notice_to_end_a_periodic_tenancy_or_licence

Moonflower1978

But that's the bit I'm confused on, my agreement says my notice must end on first or last day, so surely it ending on my first day (27th) is acceptable and would accrue no more rent?

Copied from shelter website:

 An NTQ must expire on either the first or last day of a period of the tenancy/licence.[5] For example, in the case of a monthly tenancy commencing on the first of the month, the notice can expire on the last day of any given month or the first (even if that is a short month, such as February).

CardiffCrank

What would be the point of it saying last or first day if you had to pay a full month's rent for that one day? Then the first day clause would provide you with no actual benefit as you might as well end on the last day of the following period.

This link suggests that Crate v Miller, which is the case referred to in [5], implies that you can give notice on the first day of a period to quit at the end of your current period, ie, on 26th.

https://swarb.co.uk/crate-v-miller-ca-1947/  

CardiffCrank

More here

https://www.casemine.com/judgement/uk/5b2897ff2c94e06b9e19ecc1 

Not a lawyer, but it seems that the idea you can give a month's notice expiring on the first day of a term. However, you get out the day before your notice expires.

Whatever it means, I suggest you get the notice in within the next hour if you haven't already!

SunsetLover08

I would love to know the answer to this, your timeline to give notice is the exact same as mine, I was wondering whether we could still give notice on the 1st...I suspect not, but I did wonder!

Moonflower1978

Notice given in today, letting agent confirmed tenany ends 26th june and todays rent was last to pay!

CardiffCrank

Happy ending! Enjoy your house!