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RJ01
03-02-2010, 17:29 PM
Hi could someone please clarify something for me I have a tenat with an AST which ended on 16th January 2010 the agreement was not renewed therefore went on a month by month contract I understand.
The said tenant gave notice to quit on 31st of January to leave on 15 Feb I have advised they must give 1 months notice and this must be within the rental period therefore they cannot leave until 15th March is this correct?

westminster
03-02-2010, 17:36 PM
Hi could someone please clarify something for me I have a tenat with an AST which ended on 16th January 2010 the agreement was not renewed therefore went on a month by month contract I understand.
The said tenant gave notice to quit on 31st of January to leave on 15 Feb I have advised they must give 1 months notice and this must be within the rental period therefore they cannot leave until 15th March is this correct?

If the last day of the fixed term was 16th January, then the rental periods started on 17th January and run 17th -16th of the month, so T's notice would have to expire on the 16th of the month. It must also give at least one month. So, if T served notice on 31st Jan then the soonest it could expire would be 16th March.

RJ01
03-02-2010, 17:39 PM
Sorry I meant tenancy ended on 15th Jan but you answered what I needed anyway.
Does it say this in the tenancy law?

jeffrey
03-02-2010, 18:03 PM
Does it say this in the tenancy law?
No, it's a common-law rule.

RJ01
03-02-2010, 19:48 PM
Is there anywhere I can get a reference of this to show tenant?
Many thanks everyone for replying

jeffrey
03-02-2010, 22:01 PM
Is there anywhere I can get a reference of this to show tenant?
Many thanks everyone for replying
Yes. Find a legal textbook (e.g. the relevant volume of Halsbury's Laws).

westminster
04-02-2010, 14:26 PM
Is there anywhere I can get a reference of this to show tenant?
Many thanks everyone for replying

Your tenant may be satisfied with this page from the Shelter website
http://england.shelter.org.uk/get_advice/renting_and_leasehold/ending_a_tenancy_or_licence/ending_a_periodic_agreement

From section headed Can I give the landlord notice and if so, how much?


If your agreement is periodic (ie rolling from week to week or month to month), you normally have to give at least four weeks' notice to end it, or a calendar month if you have a monthly tenancy....
It is always best to give notice in writing and ensure that the notice ends on the first or last day of the period of a tenancy. For example, if your tenancy is monthly and started on the fifth day of the month, the notice you give the landlord should end on the fourth or the fifth.

Or tell tenant to Google it for himself.