End of tenancy notice period

[scribbler]

I wonder if the forum could help me with an issue I have over being given notice on a monthly periodic tenancy. The tenant gave me notice this week on the 15th August that they would be leaving at the end of the month. I understand that they are required to give a full months notice. However I'm also aware that the clear month relates to when the tenancy started which in this case was the 28/1/2006. Does this mean that rent is due up until the 15th of September or in fact the 28th September. Any clarification on this matter would be greatly appreciated.

Scribbler

[Snorkerz]

Is it a periodic tenancy from the start, or a statutory periodic tenancy that follows on from a fixed term?

When did the last fixed term start?
How long was it for?
Was there an end date specified?
Is the rent due monthly?

[scribbler]

Is it a periodic tenancy from the start, or a statutory periodic tenancy that follows on from a fixed term? It was originally a fixed term and then become a statutory periodic.

When did the last fixed term start?28/1/2006 for 6 months
How long was it for? 6 months
Was there an end date specified? not absolutely sure but I think so
Is the rent due monthly? Yes

Thanks

[mind the gap]

I would say that the tenancy periods run form 28th to 27th of each month and that to give valid notice, your Ts must inform you before 28th August that they intend to leave on/by 27th September, which would be the earliest they could end their tenancy. Had they wished it to end on 27th August they should have given notice before 28th July.

They can leave at the end of August if they wish, but the tenancy continues and they remain liable for rent until and including 27th September.

You may, if you wish, agree something different between you (if you are feeling generous!), but you are not obliged to.

[Snorkerz]

I agree totally with MTG on the asumption there was no end date to the contract, or there was an end date of 27/7/2006.

If the end date was specified as 28/7/2006 as sometimes happens, then add 1 day onto the advice MTG gives.

[scribbler]

Hi Thanks ever so much for the replies. It's probably me but what you seem to be indicating is that one month 'clear notice' is required. However, I note that on Landlordzones advice page this isn't the case. It only mentions that one months notice is required as does the Shelter website.

Is the clear months notice a legal requirement and if so which part of the legislation stipulates this?

I'm sorry to be so pernickety but I want to be sure of my facts before I confront the tenant.

Many thanks

Scribbler

[Snorkerz]

Rent is purchased in full months, you can only buy full months of rent if the contract states monthly. Compare it with baked beans (as regular readers know, I often do) where you can not buy 17 beans, you have to buy a whole tin full.

[westminster]

Hi Thanks ever so much for the replies. It's probably me but what you seem to be indicating is that one month 'clear notice' is required. However, I note that on Landlordzones advice page this isn't the case.

LLZ page says:

Where the tenancy has become a Statutory Periodic Tenancy (where the fixed-term has ended and no new agreement signed for another fixed-term) the tenant must give the landlord notice if he wants to leave:

• The notice must be in writing
  
• It must be delivered at least 4 weeks before the notice period ends or 1 month if rent is paid monthly
• It must bring the tenancy to an end at the end of a full rent period.

The notice period must end at the end of a tenancy payment period: for example, if the rent payment date is on the 20th of each month, the notice period must end on the 19th of the month.

Though I must point out that the advice is incorrect in terms of basing tenancy periods on rental periods (there are a few such errors in the LLZ factsheets, unfortunately).

It only mentions that one months notice is required as does the Shelter website.

Again, no. Shelter says:

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.

Is the clear months notice a legal requirement and if so which part of the legislation stipulates this?

T's notice requirements aren't in the legislation; it's based on case law. I'm afraid I can't recall offhand which case law but, as you can see, in fact both of your links back up what Snorkerz and MTG have told you.

[jjlandlord]

I would reiterate a previous comment of mine: a notice stating a different expiry date from those mentioned in post #8 should not be considered void but rather as taking effect at the end of the following tenancy period, IMO.

[scribbler]

Thanks for the clarification. It would be interesting to know the case law if this aspect of tenancy law is not contained within the primary legislation?