Right date for tenant notice after periodic tenancy starts

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    Right date for tenant notice after periodic tenancy starts

    Q1 – Where is the rented property located (England / Wales / Scotland / N Ireland)? - England

    Q2 – What type of Tenancy Agreement (TA) is this e.g. sole tenant / multiple tenant / room only? - Sole tenant

    Q3 – What date did current TA start dd/mm/yy? - 6/6/2018

    Q4 – How long was initial fixed term (6/12/24 months / other)? - 12 months

    Q5 – Does the TA state that rent is due weekly? / 4-weekly? / per calendar month (if so, on what same date each month)? - Per calendar month

    Q6 – Did the TA require a tenant damage deposit to be paid? If so, on what date was this paid (dd/mm/yy)? - 1/6/2018

    Q7 – If your query relates to a notice for repossession from the landlord (a Section 8 or Section 21 notice) or a tenants's notice to quit to the landlord, please provide the exact date the notice was sent/received (dd/mm/yy). - n/a

    Q8 – Does the landlord live in the same property as the tenant? - No



    My fixed term ends soon, I want to go to the automatic rolling contract but for family reasons I might not want to stay very much longer after that. I'm confused about when I can send my notice to quit to my landlord. The fixed term ends on 5th June so can I send notice on 6th June to end on the first day of the following period so 6th July? Or does it need to be 6th June for 5th July, but other things I've read said this isn't a full period so it has to be 6th June for 5th August? If the earliest is 5th August can I send the notice to quit any time up to 5th July?

    TIA for any help!

    #2
    You cant serve a valid notice on the first day of the periodic tenancy so it would be 7 June for 5 August. However most landlords are not aware of this so if I were you I would serve it on 6 June for 6 July and see what happens

    Comment


      #3
      Originally posted by DPT57 View Post
      You cant serve a valid notice on the first day of the periodic tenancy so it would be 7 June for 5 August. However most landlords are not aware of this so if I were you I would serve it on 6 June for 6 July and see what happens
      The options are:
      1. LL accepts your notice (yippee!!!, you're out), or
      2. LL rejects your notice as invalid (you then serve valid notice for 5th August)
      Yes, you can serve notice any time before 6 July to end 5th August (the requirement is "at least one month", not "exactly one month"); serving earlier is best as it allows time for delivery, weekends, etc

      Comment


        #4
        Any T NTQ after end of fixed term (at midnight) must be for min of 1 cal month, to expire on day before next rent due date (6th).
        For SPT arising 6 Jun 19, the earliest you can legally vacate is 5th Aug 19 & subs months.

        Comment


          #5
          Thanks everyone who's answered! Much clearer now. Seems a bit weird to lose a month after the fixed term ends doing things properly but so far my landlord has been alright with me so I'll try to be fair to him and do things right.

          Comment


            #6
            I would talk to him about whether he is happy to accept your notice to end 6 July if I were you. If he's decent he will probably say yes.

            Comment

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