Notice period for monthly periodic tenancy

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    Notice period for monthly periodic tenancy

    Is this still correct? Thanks.

    Where the tenancy has become a periodic one the notice given must expire on the last day of a rent period. For example, if a monthly periodic tenancy rent day is the 20th of the month, the two month notice period must end on the 19th of the month in question.

    #2
    For a landlord it has to be two months, with no restriction*.
    For a tenant it's one month ending at the end of a rental period.

    *There's an issue if you define the notice as a s21(4), so don't.
    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


      #3
      You didn't say whether you're a landlord or a tenant.

      For a landlord's section 21 notice, see Wikipedia article.

      ---

      For a notice to quit by a tenant to end a periodic tenancy (where period is less than yearly), it must be in writing, of at least 4 weeks or one complete period of the tenancy in length whichever is longer, expiring on the last day of a period of the tenancy. The date specified can in be the last day or the first day of a period of tenancy. The tenancy ends on midnight at the end of the last day of the period.

      The period start the day after the last day of the preceding fixed term for a statutory periodic tenancy, or in accordance with when the tenancy started for contractual. The length of a period is per contract for contractual, or the frequency of rental payment just before the fixed term ended for statutory. The length of a notice given is worked out by adding the day the notice is deemed served but not the expiry day, and every day in between. So a notice given on the first day of a period with an stated expiry date of the last day of a period would be one day short, but not if the stated expiry date is the first day of the following period.

      A contractual periodic tenancy may specify as a matter of contractual term something different. A statutory periodic tenancy arising at the end of a fixed term assured (shorthold) tenancy pursuent to section 5 of the Housing Act 1988 cannot while the tenancy remains an assured (shorthold) 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.

      Comment


        #4
        My daughter is the tenant. I thought an S21 gave 2 months notice from the next rent date but the notice she has been served is just 2 months from today's date. Which is right?

        Edit. Having looked at the Wikipedia article mentioned above it seems the Deregulation Act 2015 changed the requirements. 'Time limits The requirement for a notice under subsection 4(a) to expire on the last day of a period of the tenancy is removed'

        Comment


          #5
          Use Mark Prichard's s21 checker.

          Even if s21 is valid it does of course not end tenancy nor require tenant to leave.
          I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

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