Ending of rolling month contract

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    Ending of rolling month contract

    Hi, 1st time forum poster so hoping for advice. I'm a landlord with 1 rental property rented out since end of June 2016. The tenancy was for 1 year fixed to which came and went and was happy to keep it rolling on a month to month contract. My 1st and only ever tennant has decided she's moving out and buying her 1st home which isn't a problem as she's been a fantastic tennant. What I'm wondering is as she's on a rolling month to month contract where her date to pay rent is on the 30th of each month is if she gives 1 month notice say hypothetically tomorrow does that mean 10th April is her last day in the property or is the 1 month notice from her next rent payment which isn't due for 3 weeks?
    thank you to anyone who reads and responds

    #2
    You can agree between the two of you whatever you want.

    If tenancy is a statutory periodic tenancy, i.e. the original tenancy did not provide for the tenancy to continue from period to period on a contractual basis, then the period of a tenancy depends on how often rent was payable just before the fixed term ended so if that was monthly a period is one month; the period run from the day after the fixed term ended. A tenant notice to quit is then of at least one period of tenancy, dated to expire on the last day or first day of a period of tenancy.
    I am not a lawyer, nor am I licensed to provide any regulated advice. None of my posts should be treated as legal or financial advice.

    I do not answer questions through private messages which should be posted publicly on the forum.

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      #3
      Originally posted by KTC View Post
      You can agree between the two of you whatever you want.
      This is probably the most often missed point in responses on this forum.

      Provided the two parties agree, any arrangement to end a tenancy is probably OK.
      The law is there as a backstop if people can't come to their own arrangement.

      If the tenant has been fantastic, let them move out when it suits them and you.
      They'll know their completion date a few weeks in advance and they don't often move much, so you can start to advertise for replacement tenants and your happy tenant will tell everyone what a nice landlord you are (which is a big selling benefit for tenants).
      When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
      Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

      Comment

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