Silly question

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    Silly question

    My tenant on a monthly periodic tenancy has just given me '1 months' notice but actually wants to move out in 3 weeks but will pay the top up to one month if I insist. I said notice is a rental period etc which is what the tenancy agreement says and this reflects the common law position. They are assuring me that they have had legal advice on this matter and that they have to only give one months notice. I know there was some changes to s21 notices recently but not aware of any changes to notice to quit. Is there anything I don't know about?

    Cheers

    #2
    Originally posted by jackboy View Post
    Is there anything I don't know about?
    Almost certainly, but you're right in relation to a monthly periodic tenency: notice must expire at the end of a rent period.

    Comment


      #3
      You're right notice from a tenant is a minimum of a month ending at the end of a rental period.
      Moving out during a rental period causes disagreement about rent being returned or not for the "unused" term.
      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


        #4
        Originally posted by StuartH View Post
        Almost certainly, but you're right in relation to a monthly periodic tenency: notice must expire at the end of a rent period.
        Haha. After I re read my post I almost put up another post qualifying I meant in regard to my knowledge of tenant notices.

        Comment


          #5
          Originally posted by jpkeates View Post
          You're right notice from a tenant is a minimum of a month ending at the end of a rental period.
          Moving out during a rental period causes disagreement about rent being returned or not for the "unused" term.
          Thanks. I'm not going mad. Tenants can sometimes be very convincing in their L**s

          Comment


            #6
            I bet they don't know they're lying, their legal advice comes from Steve at work or Susan from the pub.
            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


              #7
              Very true. I've asked them to phone shelter or CAB.

              Comment


                #8
                T cannot serve s21, only binding valid NTQ after end of fixed term.
                S/he can leave before NTQ expiry date which must be min of 1 month and expire at end of rel rental period, so no rent received for period needs to be refunded. T remains liable for property & bills until end that date, unless LL decides to refund anything.

                Comment


                  #9
                  If the periodic tenancy is a statutory periodic tenancy the notice must expire at the end of a tenancy period, which is not the same thing as a rent period, though the two may coincide.

                  If the periodic tenancy is a contractual periodic tenancy it depends on how the tenancy agreement is worded.

                  Comment

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