T has given one month notice today on monthly periodic- one months notice from today?

[macgrl]

Hello all,

T has given one months notice today on the monthly periodic T.

If I accept that today does that mean 16th Feb or 17th of Feb that is the end date? As in does the day of notice count in the month?

Just checking.

Also as the rent is payable on the 6th of each month is the period 6-16 (or 17) done on a pro-rata basis?

Many thanks

macgrl

[MrJohnnyB]

The rent payable date is irrelevant, unless it also happens to be the date that the tenancy went periodic. If it happened to go periodic on the 6th then tenant needs to give you at least one months notice so as not to expire before the end of a periodic period.

[MSaxp]

As advised above, the notice is 'at least 1 month' and ends at the end of a tenancy period.

When did the fixed term expire?

[macgrl]

Hi thank you.

the fixed term expired 5th August.

So the end of each monthly period is the 5th of the month.

So the notice given today means that he is giving notice for the end of tenancy being 5th March?

The at "least one month" part encompassing from now until Feb 5th and then the month being 5th feb- 5th march?

[MrJohnnyB]

Well it's technically the 6th February-5th March inclusive.

Yes the at least one month basically means you need to have an entire period of notice. It saves on accounting headaches!

[macgrl]

Thank you very much for your reply. The end date is basically the day before in the month that the agreement started...start on 6th of month therefore end date is 5th of whatever month.

Could I be nice and agree that he could leave earlier as I think he is under the impression that notice starts today and he can go 4 weeks from now or am I creating problems? I guess it depends if I would be able to replace him etc

[MrJohnnyB]

You're always perfectly entitled to terminate an agreement via mutual negotiation at any time. You could simply draw up a surrender document, or accept the faulty notice served.

[macgrl]

many thanks

[westminster]

Could I be nice and agree that he could leave earlier as I think he is under the impression that notice starts today and he can go 4 weeks from now or am I creating problems? I guess it depends if I would be able to replace him etc

If the T has been a reliable, long term T, and it's likely to be easy to find a replacement T, I'd probably be 'nice' and accept a defective notice.

If the T has been a pain in the neck, then I'd advise him that his notice must give at least one calendar month and expire at the end of a tenancy period, i.e. 5th March.

If I accept that today does that mean 16th Feb or 17th of Feb that is the end date? As in does the day of notice count in the month?

The date of service of the T's notice is not included in the notice period. [Notice to quit requirements aside] a one month notice given on 16th January expires at midnight of 16th Feb, i.e. 17th Jan - 16th Feb inclusive.