Notice to terminate- what expiry date?

Collapse
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • Notice to terminate- what expiry date?

    hi, was wondering if anyone can help

    I rent a property on a monthly basis and intend on leaving soon. I have to give one months notice.

    If the rent is paid at the start of each month and i intend to give my notice 2 weeks into a month in order to leave 2 weeks into the following month do i have to pay for the entire month or just up until the date that is one month after my notice is given?

    Thanks for any help you can give me,

    Jay

  • #2
    You normally have to give notice from a rent day to the end of that rent period.
    Why not discuss it with your LL and see if he is willing to be flexible?.
    I offer no guarantee that anything I say is correct. wysiwyg

    Comment


    • #3
      If you pay your rent monthly then your notice should expire on the last day of a rent period. Example: if you pay your rent on the 6th of the month and you give notice on 29th April, then your notice period will expire on 5th June.

      If you wish to leave part way through a rent period, then you should discuss this with your LL to see if he/she will agree to it or not.

      Comment


      • #4
        I found this useful

        http://boards.fool.co.uk/Message.asp...496&sort=whole

        Comment


        • #5
          Hello

          I would be really interested in hearing more from jta and colincbayley (though sorry if this subject has been done to death!). Specifically, which legislation or case histories suggest that tenants' notices must coincide with a rent day?

          On that link to the fools board, it says:

          "although the landlord must give a minimum notice of two months ending on a rent day, it is by no means clear that notice from a tenant must also expire on a rent day - as long as the minimum period of notice has been given. If the agent insists on this then simply ask him to provide a citation to the law which states it (clue: there doesn't seem to be one). Note the careful wording earlier in the thread which phrased it thus: "When the AST goes periodic the tenant is required to give 1 months notice and the landlord is required to give 2 months notice ending on a rent day." which allows for the "rent day" requirement to be applied only to the landlord's notice (though one is not prevented from reading it otherwise)."

          I've checked on the various Housing Acts (and the Protection from Eviction Act), I've checked my AST's small print, I've called my lettings agency, I've called the local council and they all seem to agree that the obligation to serve notice ending on a rent day is for a landlord only and not for tenants. They advised me that a tenant has to give one calendar month's notice only. For example, in a tenancy whose monthly rent is paid on the 1st of each month, a tenant may contact his landlord on 15th April to say he's leaving on 15th May.

          And yet the contrary advice is so pervasive (many forums and lettings web sites) that I suspect there must be a strong counter-argument. Does anyone know something more? I'm hoping for an in-depth debate!

          Becky

          Comment


          • #6
            Originally posted by becsug View Post
            Hello

            Specifically, which legislation or case histories suggest that tenants' notices must coincide with a rent day?
            It's good to see you've done some research, and you're right - the various Acts do not make the position clear. This is probably because in a periodic tenancy the requirement to give notice to expire on a rent day arises at common law (from case law) and TBH, it is such an long-established principle that at the moment, I can't think of a specific case to cite.
            Health Warning


            I try my best to be accurate, but please bear in mind that some posts are written in a matter of seconds and often cannot be edited later on.

            All information contained in my posts is given without any assumption of responsibility on my part. This means that if you rely on my advice but it turns out to be wrong and you suffer losses (of any kind) as a result, then you cannot sue me.

            Comment


            • #7
              I see your argument, I think we are going to have to ask Jeffrey to get involved here, I'm just a layman and what I know has mainly been picked out of this forum. I will be interested to see the outcome too.
              I offer no guarantee that anything I say is correct. wysiwyg

              Comment


              • #8
                Not got time to read the cases, but try these:
                Sidebotham v Holland [1895] 1 QB 378
                Lemon v. Lardeur [1946] KB 613
                Allam v. Europa [1968] 1 All ER 826
                Elsden v Pick [1980] All ER 235
                JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
                1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
                2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
                3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
                4. *- Contact info: click on my name (blue-highlight link).

                Comment

                Latest Activity

                Collapse

                Working...
                X