Notice period query

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    Notice period query

    Hi guys,

    a question my 6 month term is finished and im now on a periodic tenancy(monthly), my question is how long is the notice period.

    Ive read the tenancy and it says by the LL giving to the tenant at least 2 months prior notice expiring on the last day of the term or any date therafter which immediately precedes a day on which the rent falls.

    so is it a months notice or 2 months

    Thanks

    #2
    The LL has to give the tenant two Months notice which I believe does not have to end on the last day of a rent period once it is a periodic tenancy The Tenant only needs to give one Month, ending on the last day of a rent period!

    Comment


      #3
      Just to confirm as its a periodic tenancy its only a 1 months notice that needs to be given

      Comment


        #4
        At least one month ending on end-if-tenancy period.

        You can agree early surrender on any date (eg tonight) with landlord.
        I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

        Comment


          #5
          Just a quick one on the subject of notice, what would happen if on the last day of the notice from the tenant. The tenant remains because the property they were to move in falls through? Is the original notice now useless and tenant has to give a new notice which still has to comply with the months time period and end on the last day of the rent period?
          Any advice I give is my opinion and experience, I am as you also learning.

          Comment


            #6
            Originally posted by sunnyp View Post
            Just a quick one on the subject of notice, what would happen if on the last day of the notice from the tenant. The tenant remains because the property they were to move in falls through? Is the original notice now useless and tenant has to give a new notice which still has to comply with the months time period and end on the last day of the rent period?
            The landlord is entitled to go to court on the strength on the notice and gain a possession order.
            They can of course agree to something mutually convenient.

            There is also the often lauded (but to my knowledge never granted) double rent thingy.
            Allow tenants to protect their own deposits. I want free money when they do it wrong

            Comment


              #7
              Thanks saint,

              So the landlord can expect a full months rent on the first day of the rental period after the notice ends even if the tenant only wants to hold over for one or two weeks?
              Is the landlord obligated to provide a refund?
              Any advice I give is my opinion and experience, I am as you also learning.

              Comment


                #8
                There's what happens and what's legal.

                The rent is due and no refund is required (unless your tenancy agreement says different).
                In reality, the tenant usually pays rent until their expected leaving date or expects a refund.

                It should be made clear to the tenant that their notice is irrevocable, because often it all gets a but fuzzy at the end.
                When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
                Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

                Comment


                  #9
                  Originally posted by sunnyp View Post
                  Thanks saint,

                  So the landlord can expect a full months rent on the first day of the rental period after the notice ends even if the tenant only wants to hold over for one or two weeks?
                  Is the landlord obligated to provide a refund?
                  It depends on what the landlord really wants.
                  If he is adamant that the tenancy has ended, he can't demand rent.

                  If that is the case, then he files for possession and he can state in front of a judge what his costs are, and can apply for the "double rent thingy":

                  Tenants holding after the time they notify for quitting, to pay double rent.

                  And whereas great inconveniences have happened and may happen to landlords whose tenants have power to determine their leases, by giving notice to quit the premisses by them holden, and yet refusing to deliver up the possession when the landlord hath agreed with another tenant for the same: from and after the said twenty fourth day of June one thousand seven hundred and thirty eight, in case any tenant or tenants shall give notice of his, her, or their intention to quit the premisses by him, her, or them holden, at a time mentioned in such notice, and shall not accordingly deliver up the possession thereof at the time in such notice contained, that then the said tenant or tenants, his, her, or their executors or administrators, shall from thenceforward pay to the landlord or landlords, lessor or lessors, double the rent or sum which he, she, or they should otherwise have paid, to be levied, sued for, and recovered at the same times and in the same manner as the single rent or sum, before the giving such notice, could be levied, sued for, or recovered; and such double rent or sum shall continue to be paid during all the time such tenant or tenants shall continue in possession as aforesaid.
                  http://www.legislation.gov.uk/apgb/G.../19/section/18

                  laymans terms:

                  DOUBLE RENT UNDER SECTION 18 OF THE LANDLORD AND TENANT ACT 1737

                  If a tenant has the ability to give notice to quit under the terms of its tenancy and has given the landlord a valid notice to quit and thereafter does not give vacant possession of the premises to the landlord on the date of expiry of its notice, the landlord is able to demand double rent from its tenant under section 18 of the Landlord and Tenant Act 1737. This provides that where the tenant refuses to deliver up possession at the time stipulated in the tenant’s notice, the tenant must pay the landlord double the passing rent and such double rent must continue to be paid while the tenant remains in occupation.
                  http://www.druces.com/doubling-your-...er-wrongfully/

                  When I have had a tenant I don't like doing so, I tell them they have to pay another months rent. Others I let pro-rata.

                  How courts will deal with this is not something I am familiar with.
                  Allow tenants to protect their own deposits. I want free money when they do it wrong

                  Comment

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