Date of tenant leaving

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  • Date of tenant leaving

    I am a Landlord who has a 12 month AST from 28/6/09 to 27/6/10, with the following clause
    "...it is agreed that the Landlord/Tenant shall have the right to determine the tenancy after an initial six month period by providing two months notice to do so in writing."

    The tenant was emailed me on 6th Nov saying they wish to leave in early/mid Jan and "let us know your preferred date for us to move out in January."

    My question is - should the date I give them be 6th Jan (2 months after the notice) or 28th Jan (ie ending on a rent day).

    A 2nd question is should I use a phrasology that makes to clear I am responding to their notice - ie to ensure it is clear they are giving me notice and not the other way round. It may be paranoid of me - but in 12 years of letting I have never had a tenant who didn't gave a date when giving notice, and wondered if for some legel reason they are trying to establish that I am giving notice.

    Many thanks.

  • #2
    I would think that there isn't anything suspicious about your tenants form of notice. The AST agreement wording is vague in not specifying that notice must end at the end of a period of the tenany and your tenant is probably hoping that you will agree an earlier date ie nearer the beginning than the end of January.
    The end date of a period of the tenancy would be the 27th of January so, I'd suggest that you could safely acknowledge receipt of their notice to expire on the 27th of January ie. giving you possession on the 28th of January.

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    • #3
      Originally posted by RichardH View Post
      I am a Landlord who has a 12 month AST from 28/6/09 to 27/6/10, with the following clause
      "...it is agreed that the Landlord/Tenant shall have the right to determine the tenancy after an initial six month period by providing two months notice to do so in writing."
      It's one of those ambiguous break clauses. It could be interpreted as meaning that T's right to end tenancy does not arise until after the initial six months.

      My question is - should the date I give them be 6th Jan (2 months after the notice) or 28th Jan (ie ending on a rent day).
      6th Nov - 6th Jan = two months plus one day. Not the 27th/28th as it's not a periodic tenancy.

      A 2nd question is should I use a phrasology that makes to clear I am responding to their notice - ie to ensure it is clear they are giving me notice and not the other way round. It may be paranoid of me - but in 12 years of letting I have never had a tenant who didn't gave a date when giving notice, and wondered if for some legel reason they are trying to establish that I am giving notice.
      "Thank you for your email dated 6th Nov giving two months notice to end the tenancy. Please clarify the date on which you propose to leave." Or something like that.

      I can't think of any reason why they've asked you for a date, other than perhaps they are also uncertain as to when the notice should expire. You could tell them that the 5th January is the earliest their notice could expire, but they are free to specify a later date (which would be more advantageous to you, and perhaps more convenient for them).

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      • #4
        The problem is this bit: the right to determine the tenancy after an initial six month period.

        Does T have the right now to determine after six months; or does T not have any right at all until after six months?
        If it's the latter, the right would arise only on/from 28 December- so no Notice could be served earlier than that.
        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.
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