Tenant Serving Notice to End Tenancy on First Day

ch340

https://forums.moneysavingexpert.com/discussion/comment/82154366#Comment_82154366

If it was 1 day after it would be the 11 September, 2 days 12 September etc., so by that logic 30 days later is 10 October, and 31 days after that is 10 November.

Regardless, in a legal context I believe they use the ‘Corresponding date’ rule
: Where the relevant period is a month or a specified number of months after the giving of a notice or the happening of an event, the general rule is that the period ends on the corresponding date in the appropriate subsequent month, that is, the day of that month that bears the same number as the day of the earlier month on which the notice was given1. The corresponding date rule does not apply where the period is counted by weeks, as the period of a week is certain (that is, a period of seven days).

For context, managing agent states that the tenant, who moved in on 10 September, has advised they are giving notice and will be vacating the property in November. Email from agent was received 23 September. I have requested several times for a copy of the notice, clarification as to when it was received, and whether the tenant provided a reason as to why, but the agent is refusing to send me a copy of notice under GDPR and has only reiterated that the tenants are vacating in November, not even specifying a date. My understanding is that if the notice was received September 11 or later, the tenant would be liable for the rent until at least 9 or 10 December, provided that the notice they provided is valid, and unless the agent is able to find someone else to move in sooner. If the notice was received on 10 September, they may only be liable up to 9 or 10 November, but I don't know why the agent would have taken almost 2 weeks to notify me of the notice.

HillStreetBlues

https://forums.moneysavingexpert.com/discussion/comment/82154440#Comment_82154440

The agent is telling you rubbish, you and the tenant have the contract, it's not possible for notice to fall under GDPR as the notice is to you.

Worried_fool

https://forums.moneysavingexpert.com/discussion/comment/82154440#Comment_82154440

You need to sack that agent!

Why don't you put these questions directly to the tenant? Presumably you know their address (!).

sherlock228

https://forums.moneysavingexpert.com/discussion/comment/82154440#Comment_82154440

no, you are not understanding that a tenancy is for a rental period. That starts on one given date and ends on the day before that start date, if it was the same date then that would mean a new period has started.

Your confusion perhaps arises from the concession made in the RRA that notice can be the day before or the day of the rent due

HouseHuntingAmy

I am only a renter and prospective buyer, not a landlord, so please check this against the official guidance rather than trusting me. From what I have read about the new rules, tenants can now end the tenancy with two months notice at any point, and the notice cannot normally expire in the first few months of a fixed arrangement. The point about whether the agreement or the Act wins looks like exactly the sort of thing the government information sheet and a landlord association helpline would settle in a few minutes. I would ask them rather than rely on forum guesses, since an error on dates could cost a month of rent either way.