Notice to end tenancy when rent is paid weekly.

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    Notice to end tenancy when rent is paid weekly.

    My tenant is in a rolling weekly tenancy. Start date was a Monday. He understands that notice should be 4 weeks. Does this four week period start on the next Monday after written notice has been received?
    Mrs Dingle

    #2
    Who's giving the notice, the landlord or the tenant?
    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
      Notice must be of at least 28 days (Protection from Eviction Act 1977 s3) and can expire on last of 1st day of a tenancy period. ( Crate v Miller, 1947; NTQ may expire on last day or first day of period of tenancy.)


      When notice is received doesn't define the end date. So if weekly tenancy was granted on a Friday (so periods Friday through Thurdsay), rent paid on Mondays, notice served/received Tuesday the TENANT must give at least 28 days expiring Thursday or Friday (? 29 days if Friday?)

      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...

      Comment


        #4
        The tenant wishes to give notice. I need to be sure when the 28 days start and end. So I advise correctly. I was wondering if I received the written notice before next Monday that the 28 days would start from there. If not then it would be whichever the Monday is after the notice received.
        Mrs Dingle

        Comment


          #5
          When it is received is only one key date. Which day of the week did tenancy start, please?
          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...

          Comment


            #6
            Originally posted by Mrs Dingle View Post
            The tenant wishes to give notice. I need to be sure when the 28 days start and end. So I advise correctly.
            You can always accept a short notice, or even agree a surrender. The exact correctness of a notice to quit only matters if the tenant wants to unilaterally terminate the tenancy without any agreement from the landlord.
            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


              #7
              KTC,

              Yes that is good advice. In this case though the housing benefit agency may require a copy of the notice so it needs to be acceptable.
              Mrs Dingle

              Comment


                #8
                Originally posted by Mrs Dingle View Post
                The tenant wishes to give notice. I need to be sure when the 28 days start and end. So I advise correctly. I was wondering if I received the written notice before next Monday that the 28 days would start from there. If not then it would be whichever the Monday is after the notice received.
                The notice must be in writing and MUST specify the date the tenant will leave by.
                For the tenant to unilaterally end the tenancy, that date must be at least 4 weeks after notice is served (delivered to the landlord or delivered to the landlord's address, not when it is sent), AND must be the last or first day of a rent period (in either case the tenancy ends on the last day of the rent period.
                Originally posted by Mrs Dingle View Post

                the housing benefit agency may require a copy of the notice so it needs to be acceptable.
                If the tenant's notice does not satisfy the 4-week rule or the last/first day of rent period rule, then the landlord can agree to accept the notice and it is then legally binding.

                Comment


                  #9
                  So if I receive the notice before this coming monday. The leave date can be 15th October 2018? If I receive the notice next week after Monday the leave date will be 22rd Oct 2018! and so on... Is this correct?
                  Mrs Dingle

                  Comment


                    #10
                    I have not checked the dates, but assuming they are the dates of the end of rent periods, then they are the earliest dates that can be specified.
                    The date can be any last day of rent period then or later.

                    Comment

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