Calculating correct date to serve NTQ

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    Calculating correct date to serve NTQ

    Hello all,

    I am quoting few relevant wording for enabling you experts to suggest that what would be the appropriate date on which if the notice is served then you won't be liable for another month of rent. The intended date of leaving will be after the initial fixed term means a statutory period tenancy would have been generated by that time. Also after serving the valid notice to quit made by one tenant then will it also cease the occupation of other joint tenant too who if also move out at same time on/before the expiry of NTQ.

    1.6 Term
    1.6.1 The Term shall be for a definite period of 6 Months from and including 01 February 2020 to
    and including 31 July 2020 . Please see paragraph 2.5 as it contains important information
    about what you must do to end the tenancy.
    1.6.2 The “Term” is to include any extension or continuation of the fixed term or a Statutory or
    Contractual Periodic Tenancy.
    2.5 Ending the Tenancy
    2.5.1 If the Tenant intends to vacate at the end of the fixed term, or at any later date, they agree
    to give the Landlord at least one month’s prior signed Notice in writing.
    2.5.2 While the tenancy is periodic the one month’s signed written Notice must expire the day
    before a Rent Due Date.

    #2
    If both joint tenants move out on or before 31st July, the tenancy will end then (unless there is other text which you haven't quoted which continues it in some way).

    Once the tenancy is periodic, and after the end of 1st August, you would have to give a minimum of one month's notice ending on the last day of the month.
    That notice by one of you would end the tenancy for both of you, regardless of whether the other person moved out or not.
    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
      Thanks for reply. For leaving at the end of August which is when that would be a periodic contract. Should the NTQ be served on 1st Aug or 2nd Aug?

      Comment


        #4
        Serve today or later with comfortable time buffer it just has to be AT LEAST one month.
        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


          #5
          Originally posted by Self sufficient View Post
          Thanks for reply. For leaving at the end of August which is when that would be a periodic contract. Should the NTQ be served on 1st Aug or 2nd Aug?
          Unilaterally, you can't. You can't serve a valid notice before 2 August, and by then it'd be too late for it to end the SPT on 31 August. But if you're willing to bet that the LL and co-tenant don't know this, then serve a month notice per 2.5 ending 31 August.
          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


            #6
            But as per shelter it should be 4 weeks instead one month.
            Notice period

            A NTQ must be in writing and the notice period must be at least:
            • four weeks[1] or
            • if longer, equivalent to the period of the tenancy or licence (except for yearly periodic tenancies where the notice period is six months).[2]

            A tenancy agreement may require the tenant to give a longer period of notice.

            An NTQ once served cannot be withdrawn
            https://england.shelter.org.uk/legal...o_quit_tenants

            Comment


              #7
              That's not correct.
              Four weeks notice relates to a weekly tenancy, your notice has to be a minimum of a tenancy period (ie. a month)
              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


                #8
                But how about if you leave in following months after the conversion of Fixed term into periodic. Lets say if you willing to leave by 30th September then if you serve the NTQ on 1st Sept since the periodic agreement started existing from 1st Aug then will it be 100% equivalent to one calender month as stipulated in the agreement.

                Comment


                  #9
                  Originally posted by Self sufficient View Post
                  Lets say if you willing to leave by 30th September then if you serve the NTQ on 1st Sept since the periodic agreement started existing from 1st Aug then will it be 100% equivalent to one calender month as stipulated in the agreement.
                  Not if you serve it on 1 Sept because part of that day will already have elapsed. You can legally serve it at any day after 1 August so if you want to get it absolutely right, then serve it on 2 August to leave on 30 Sept.

                  Comment


                    #10
                    It's possible to serve a valid NTQ on 1 Sep to expire 1 Oct. The tenancy will end on the midnight between 30 Sep & 1 Oct.

                    as stipulated in the agreement.
                    That clause re. notices have no legal effect so long as the statutory periodic tenancy remains assured.
                    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


                      #11
                      Originally posted by KTC View Post
                      It's possible to serve a valid NTQ on 1 Sep to expire 1 Oct. The tenancy will end on the midnight between 30 Sep & 1 Oct.

                      .
                      In that scenario where the tenancy will end between 30Sept - 1st Oct by serving the notice on 1st Sep then is that correct that tenant won't be liable for any further rent?

                      Comment


                        #12
                        Just serve notice giving at least 5 weeks notice, that expires on the last day of a rental period.

                        Comment


                          #13
                          Originally posted by Self sufficient View Post
                          In that scenario ...
                          That scenario is not any different to if the notice was served on 2 August, 3 August, ...., or 31 August. It's when the tenancy ends by a valid notice to quit, at the end of the last day, i.e. midnight, the last day of the 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.

                          Comment


                            #14
                            I think safer to serve the NTQ before the midday (12:00 pm) of 1st of the intended month of moving out so that the tenancy gets ended on the last day of month. Also can this notice be sent through email even it isn't mentioned in tenancy agreement?

                            Comment


                              #15
                              Originally posted by Self sufficient View Post
                              Also can this notice be sent through email even it isn't mentioned in tenancy agreement?
                              Does the agreement say anything about how notice should be served?

                              Quite often the requirement for a notice not to be an email is implicit.
                              If the agreement says that notice has to be in writing to an address which is in the document, it's basically ruling out email without mentioning it.
                              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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