AST notice period

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    AST notice period

    Hi all, I'm pleased to see that there are other confused people out there, but more pleased to see that there are guys who know what they are talking about.... please can you assist......

    I understand that the minimum notice period a tenant can give the landlord is 4 weeks (statutory notice period?) even if not stated within the contract? Is this correct (if so where can I find this legislation).

    However, is this still valid if the tenant does not pay rent monthly? The contract in question allows the students to pay the 'monthly rent' termly (3 payments), how does this effect the notice period?

    Does the tenant have to give this to the landlord in writing, and if so is it taken from the date on the letter (subject to tenants 'pre-dating' and blaming the post), or from the date recieved (which the tenant can rightly claim also has potential for abuse).

    #2
    Originally posted by odirikoo View Post
    Hi all, I'm pleased to see that there are other confused people out there, but more pleased to see that there are guys who know what they are talking about.... please can you assist......

    I understand that the minimum notice period a tenant can give the landlord is 4 weeks (statutory notice period?) even if not stated within the contract? Is this correct (if so where can I find this legislation).

    However, is this still valid if the tenant does not pay rent monthly? The contract in question allows the students to pay the 'monthly rent' termly (3 payments), how does this effect the notice period?

    Does the tenant have to give this to the landlord in writing, and if so is it taken from the date on the letter (subject to tenants 'pre-dating' and blaming the post), or from the date recieved (which the tenant can rightly claim also has potential for abuse).
    I found this archive post. It raises an interesting point: how to deal with a continuation periodic AST following a fixed-term tenancy in which the rent was not "every X weeks" or "every month" but instead on three pre-defined points during the term.

    For example, what about a university student's private-sector letting from September to July at a rent "payable as to:
    a. 40% on commencement;
    b. 30% on 1 January next; and
    c. 30% on 1 April next"?

    If it continues after fixed-term expiry, what would be the period of the periodic tenancy?
    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).

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