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Expired tenancy my rights?

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  • Pixie5740
    Pixie5740 Posts: 14,515 Forumite
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    DumbMuscle wrote: »
    OK - you are on an SPT, which means your notice period is 1 month, and must end at the end of a tenancy period (i.e., since you pay weekly, on the same day of the week as the original AST ended). As said above, you should serve notice by first class post, not signed for/recorded (but get proof of postage). The effective date of service is 2 days after it was posted (or the next business day, if that day would be a weekend).

    For example, if your original AST ended on a Friday, and you posted the letter today (20 July), the notice would be deemed served on 23 July (20 July +2 days = 22 July, which is a Sunday, so this rolls over to Monday), your notice cannot expire before 23 August (1 month from service), and must expire at the end of a tenancy period (i.e. on a Friday), so the earliest you could give notice for would be 25 August.

    Alternatively, if you physically go to the landlord's address and drop the letter through the letterbox yourself, then it is served immediately - but you probably don't gain much advantage from this.

    Close but no cigar. The OP states that rent is paid weekly therefore the tenancy periods are not 1 month long but 7 days long meaning the OP has to give 28 days notice aligning with the tenancy start date.
  • SeduLOUs
    SeduLOUs Posts: 2,171 Forumite
    edited 20 July 2017 at 10:16AM
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    Pixie5740 wrote: »
    Close but no cigar. The OP states that rent is paid weekly therefore the tenancy periods are not 1 month long but 7 days long meaning the OP has to give 28 days notice aligning with the tenancy start date.

    I believe his version is correct - 1 month notice needed ending on the last day of a tenancy period.
  • Pixie5740
    Pixie5740 Posts: 14,515 Forumite
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    SeduLOUs wrote: »
    That's precisely what he described?

    No he didn't. There are not 28 days in a month except for 3 out of 4 Februaries.
  • SeduLOUs
    SeduLOUs Posts: 2,171 Forumite
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    Pixie5740 wrote: »
    No he didn't. There are not 28 days in a month except for 3 out of 4 Februaries.

    Edited... Sorry I missed the difference, but believe the original version to be correct.
  • saajan_12
    saajan_12 Posts: 3,621 Forumite
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    On a monthly SPT, the notice would be one tenancy period (i.e. one month, ending on the last day of a tenancy period).

    On a weekly SPT, the notice is 4 tenancy periods ie 4 weeks / 28 days, ending on the last day of a tenancy period.
  • Pixie5740
    Pixie5740 Posts: 14,515 Forumite
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    SeduLOUs wrote: »
    Edited... Sorry I missed the difference, but believe the original version to be correct.

    Well it's not because rent is paid weekly and tenancy periods are based on the frequency of rent payments.
  • SeduLOUs
    SeduLOUs Posts: 2,171 Forumite
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    saajan_12 wrote: »
    On a monthly SPT, the notice would be one tenancy period (i.e. one month, ending on the last day of a tenancy period).

    On a weekly SPT, the notice is 4 tenancy periods ie 4 weeks / 28 days, ending on the last day of a tenancy period.

    Not according to GM's post linked above...
    a) A tenant can end a SPT by giving the landlord at least one months Notice in writing ending on the last (or 1st day - Crate v Miller 1947) of a Tenancy Period sent to the address "for the serving of notices".
    If rent is paid monthly/weekly, then the Tenancy Periods run monthly/weekly starting the day after the FT ended.

    Shelter website agrees with you that it should be 4 weeks.

    Learn something new every day...
  • DumbMuscle
    DumbMuscle Posts: 244 Forumite
    edited 20 July 2017 at 10:47AM
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    Huh, OK - I was working off G_M's guide, so that may need editing (though it doesn't actually change the earliest notice date in my example)

    Edited my original post.

    Also, I thought today was a Friday for some reason (probably because I'm off work tomorrow to sort my own move)
  • Pixie5740
    Pixie5740 Posts: 14,515 Forumite
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    edited 20 July 2017 at 11:04AM
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    DumbMuscle wrote: »
    Huh, OK - I was working off G_M's guide, so that may need editing (though it doesn't actually change the earliest notice date in my example)

    Edited my original post.

    Also, I thought today was a Friday for some reason (probably because I'm off work tomorrow to sort my own move)

    It doesn't alter the start date of the notice period but crucially it changes the end date of the notice period and as you're about to find out the most action takes place in the final days of moving. I hope your move goes smoothly. :beer:
  • G_M
    G_M Posts: 51,977 Forumite
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    edited 20 July 2017 at 2:08PM
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    Thanks for pointing this out. I'll edit the post to clarify.
    SeduLOUs wrote: »
    Not according to GM's post linked above...
    a) A tenant can end a SPT by giving the landlord at least one months Notice in writing ending on the last (or 1st day - Crate v Miller 1947) of a Tenancy Period sent to the address "for the serving of notices".
    If rent is paid monthly/weekly, then the Tenancy Periods run monthly/weekly starting the day after the FT ended.

    Shelter website agrees with you that it should be 4 weeks.

    Learn something new every day...
    For the avoidance of doubt here, yes, 4 weeks notice in a weekly periodic tenancy.

    Apologies for any confusion.

    edit: wish they wouldn't keep changing things! LL's now have to use form 6a:

    http://www.legislation.gov.uk/uksi/2015/1646/pdfs/uksi_20151646_en.pdf
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