one months notice rule

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  • one months notice rule

    am i right in saying that a tenant only has to give one months notice ending on a rent due date? A potential client has said that her landlord has insisted on her giving two months notice. can he do this?

  • #2
    Originally posted by teeps View Post
    am i right in saying that a tenant only has to give one months notice ending on a rent due date? A potential client has said that her landlord has insisted on her giving two months notice. can he do this?
    Assuming the tenancy is an AST then no, he cannot. If she wants to leave at the end of the fixed term, she can if she wishes do so without any notice at all (although it is courteous to give some). After the fixed term, ie when the tenancy becomes a statutory periodic one, she must give one month's notice to end at the end of a rent payment period.

    It is the LL who must give 2 months' notice, not the T.
    'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

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    • #3
      thank you mind the gap. that is what i thourght but i needed to check before i advise her on this matter.

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      • #4
        Originally posted by mind the gap View Post
        ...she must give one month's notice to end at the end of a rent payment period.
        Rather "at the end of a period of the tenancy".

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        • #5
          Originally posted by Lawcruncher View Post
          Rather "at the end of a period of the tenancy".
          The point being that a "rent payment period" is usually, but not always, the same as a "period of the tenancy".

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          • #6
            Sorry, that's what I thought I was saying...thanks for the correction.
            'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

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            • #7
              Originally posted by Snorkerz View Post
              The point being that a "rent payment period" is usually, but not always, the same as a "period of the tenancy".
              But it can be critical when serving a section 21 notice.

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