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teeps
29-03-2010, 13:07 PM
am i right in saying that a tenant only has to give one months notice ending on a rent due date? A potential client has said that her landlord has insisted on her giving two months notice. can he do this?

mind the gap
29-03-2010, 13:10 PM
am i right in saying that a tenant only has to give one months notice ending on a rent due date? A potential client has said that her landlord has insisted on her giving two months notice. can he do this?

Assuming the tenancy is an AST then no, he cannot. If she wants to leave at the end of the fixed term, she can if she wishes do so without any notice at all (although it is courteous to give some). After the fixed term, ie when the tenancy becomes a statutory periodic one, she must give one month's notice to end at the end of a rent payment period.

It is the LL who must give 2 months' notice, not the T.

teeps
29-03-2010, 13:17 PM
thank you mind the gap. that is what i thourght but i needed to check before i advise her on this matter.

Lawcruncher
29-03-2010, 13:18 PM
...she must give one month's notice to end at the end of a rent payment period.

Rather "at the end of a period of the tenancy".

Snorkerz
29-03-2010, 19:03 PM
Rather "at the end of a period of the tenancy".

The point being that a "rent payment period" is usually, but not always, the same as a "period of the tenancy".

mind the gap
29-03-2010, 19:05 PM
Sorry, that's what I thought I was saying...thanks for the correction.

Lawcruncher
29-03-2010, 21:13 PM
The point being that a "rent payment period" is usually, but not always, the same as a "period of the tenancy". But it can be critical when serving a section 21 notice.