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View Full Version : Notice to terminate- what expiry date?



Jay Kirk
26-04-2008, 18:35 PM
hi, was wondering if anyone can help

I rent a property on a monthly basis and intend on leaving soon. I have to give one months notice.

If the rent is paid at the start of each month and i intend to give my notice 2 weeks into a month in order to leave 2 weeks into the following month do i have to pay for the entire month or just up until the date that is one month after my notice is given?

Thanks for any help you can give me,

Jay

jta
26-04-2008, 19:05 PM
You normally have to give notice from a rent day to the end of that rent period.
Why not discuss it with your LL and see if he is willing to be flexible?.

Colincbayley
26-04-2008, 19:06 PM
If you pay your rent monthly then your notice should expire on the last day of a rent period. Example: if you pay your rent on the 6th of the month and you give notice on 29th April, then your notice period will expire on 5th June.

If you wish to leave part way through a rent period, then you should discuss this with your LL to see if he/she will agree to it or not.

becsug
04-05-2008, 06:50 AM
I found this useful

http://boards.fool.co.uk/Message.asp?mid=10882496&sort=whole

becsug
04-05-2008, 20:57 PM
Hello

I would be really interested in hearing more from jta and colincbayley (though sorry if this subject has been done to death!). Specifically, which legislation or case histories suggest that tenants' notices must coincide with a rent day?

On that link to the fools board, it says:

"although the landlord must give a minimum notice of two months ending on a rent day, it is by no means clear that notice from a tenant must also expire on a rent day - as long as the minimum period of notice has been given. If the agent insists on this then simply ask him to provide a citation to the law which states it (clue: there doesn't seem to be one). Note the careful wording earlier in the thread which phrased it thus: "When the AST goes periodic the tenant is required to give 1 months notice and the landlord is required to give 2 months notice ending on a rent day." which allows for the "rent day" requirement to be applied only to the landlord's notice (though one is not prevented from reading it otherwise)."

I've checked on the various Housing Acts (and the Protection from Eviction Act), I've checked my AST's small print, I've called my lettings agency, I've called the local council and they all seem to agree that the obligation to serve notice ending on a rent day is for a landlord only and not for tenants. They advised me that a tenant has to give one calendar month's notice only. For example, in a tenancy whose monthly rent is paid on the 1st of each month, a tenant may contact his landlord on 15th April to say he's leaving on 15th May.

And yet the contrary advice is so pervasive (many forums and lettings web sites) that I suspect there must be a strong counter-argument. Does anyone know something more? I'm hoping for an in-depth debate!

Becky

agent46
04-05-2008, 21:35 PM
Hello

Specifically, which legislation or case histories suggest that tenants' notices must coincide with a rent day?



It's good to see you've done some research, and you're right - the various Acts do not make the position clear. This is probably because in a periodic tenancy the requirement to give notice to expire on a rent day arises at common law (from case law) and TBH, it is such an long-established principle that at the moment, I can't think of a specific case to cite.

jta
05-05-2008, 07:04 AM
I see your argument, I think we are going to have to ask Jeffrey to get involved here, I'm just a layman and what I know has mainly been picked out of this forum. I will be interested to see the outcome too.

jeffrey
05-05-2008, 19:13 PM
Not got time to read the cases, but try these:
Sidebotham v Holland [1895] 1 QB 378
Lemon v. Lardeur [1946] KB 613
Allam v. Europa [1968] 1 All ER 826
Elsden v Pick [1980] All ER 235