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rich hand
19-10-2009, 20:07 PM
After the intital 6 month AST, on a month by month basis is it ok for the landlord to give 2 months notice were by the end date falls on a different date to when the rent is collected? eg. rent period ends on the 1st of the month but notice for possession ends on the 15th.

I am presuming that 2 months should still be given when on a month by month basis.

Lawcruncher
19-10-2009, 21:18 PM
On what day of the month did the fixed term tenancy end?

jeffrey
20-10-2009, 10:48 AM
L's Notice would be under s.21(4)(a). The Notice period must end when a tenancy period ends. Here's why (with my underlining):

21(4). Without prejudice to any such right as is referred to in subsection (1) above, a court shall make an order for possession of a dwelling-house let on an assured shorthold tenancy which is a periodic tenancy if the court is satisfied:

(a) that the landlord or, in the case of joint landlords, at least one of them has given to the tenant a notice in writing stating that, after a date specified in the notice, being the last day of a period of the tenancy and not earlier than two months after the date the notice was given, possession of the dwelling-house is required by virtue of this section; and

(b) that the date specified in the notice under paragraph (a) above is not earlier than the earliest day on which, apart from section 5(1) above, the tenancy could be brought to an end by a notice to quit given by the landlord on the same date as the notice under paragraph (a) above.

westminster
20-10-2009, 11:05 AM
After the intital 6 month AST, on a month by month basis is it ok for the landlord to give 2 months notice were by the end date falls on a different date to when the rent is collected? eg. rent period ends on the 1st of the month but notice for possession ends on the 15th.

I am presuming that 2 months should still be given when on a month by month basis.
Yes, LL has to give 2 months, (if rent is paid monthly) and the notice must expire at the end of a rental period. But the rental period is not dictated by the date the rent falls due. The periodic tenancy starts on the day after the fixed term ends - so, if fixed term expired on 20th July, then rental periods would run 21st - 20th of the month (regardless of the date rent falls due).

jeffrey
20-10-2009, 20:29 PM
L's Notice would be under s.21(4)(a). The Notice period must end when a tenancy period ends. Here's why (with my underlining):

21(4). Without prejudice to any such right as is referred to in subsection (1) above, a court shall make an order for possession of a dwelling-house let on an assured shorthold tenancy which is a periodic tenancy if the court is satisfied:

(a) that the landlord or, in the case of joint landlords, at least one of them has given to the tenant a notice in writing stating that, after a date specified in the notice, being the last day of a period of the tenancy and not earlier than two months after the date the notice was given, possession of the dwelling-house is required by virtue of this section; and

(b) that the date specified in the notice under paragraph (a) above is not earlier than the earliest day on which, apart from section 5(1) above, the tenancy could be brought to an end by a notice to quit given by the landlord on the same date as the notice under paragraph (a) above.