Tenants Not Serving Correct Dated Notice

[greencham]

I have a tenant whose tenancy runs noon 26 of month to noon 26 month.

They have served notice 9th Sept to 9th Oct and are refusing to pay any rental monies for the remaining days as they feel they have given the correct "one months" notice. I do have a secure deposit but they have threatened to sue me for taking their money unfairly.

I have checked on this web site and spoken to a solicitor but feeling very stressed about it !

Any advice gratefully received.

[theartfullodger]

Their notice is invalid but if you are happy with them leaving & think you can get a tenant reasonably promptly I'd be inclined to not argue. Or you can try & force them to issue a new valid notice etc etc etc...

Do they need a reference?? (Hint...)

[MrJohnnyB]

Have you informed them that their notice is invalid via formal letter? What date did the lease expire? What was the wording of the commencement on the tenancy? Plainly it cannot run to the times you state as that would presume that there are two 26th noons in each contractual period - Did it run 12:00 to 11:59? If the commencement was noon on 26th then the latter is the case.

In any event, you should give them confirmation in writing that you have not accepted their notice as it is defective.

[thesaint]

Just write to them saying that they have to give at least one months notice that also expires at the end of a tenancy period.

I suspect that a tenancy that runs from noon to noon is going to have holes in it.
I would have thought it would run from noon to 11.59hrs and 59 secs.