Notice period confusion for new tenant moving in?

by Readers Question

8:31 AM, 1st February 2019
About A year ago

Notice period confusion for new tenant moving in?

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Notice period confusion for new tenant moving in?

Hi All, We have just seen a couple who wish to move into a rental property of ours, but because their current tenancy agreement has a start date of the 24th, their letting agent has told them that if they wish to terminate their tenancy (commenced 24th September 2017, for 18 months), they must pay their rent up until 24th March.

This sounds odd to us, even the break clause says 1 month notice, surely they only need to give 4 weeks notice, which, if they give on 1st Feb should mean they can vacate on or by 1st March?

Thanks in advance

Chris & Swati



Comments

Neil Patterson

8:46 AM, 1st February 2019
About A year ago

From Shelter so this is the advice given to tenants:

How much notice to give

You must give the correct date for when your notice period ends. Your notice letter won't be valid otherwise.

Check your tenancy agreement. If it sets out the amount of notice you must give your landlord, follow what your agreement says.

If your tenancy agreement doesn't set out a notice period, you must give your landlord at least:

1 month's notice for a monthly tenancy
4 weeks' notice for a weekly tenancy

Your notice must end on the first day or last day of your tenancy period. This is not always the date you pay your rent so check your agreement carefully.
Monthly tenancy end dates

If your tenancy started for example on 15 April:

the last day of your tenancy period will be 14th of the month
the first day of the next tenancy period will be 15th of the month

It's easier to calculate the final month's rent if you give notice to end on the last day of the tenancy period.

Graham Bowcock

9:46 AM, 1st February 2019
About A year ago

From a practical point of view so many people confuse four weeks with one month (Chris and Swati have used the expression four weeks); they are not the same. A calendar month is just that - with the exception of February ( three years out for four) a month is 30 or 31 days. This often catches people out when service notice or calculating rent payments.

Ian Narbeth

10:48 AM, 1st February 2019
About A year ago

Hi Chris and Swarti
How long was their tenancy? 18 months from 24 September 2017? If so they must pay up to and including 23rd March 2019 (subject to the tenancy being 18 months from and including 24 September which is what I would expect) unless it has a break clause. Does the tenancy have a break clause? If so, what precisely does the clause say?

Kate Mellor

14:59 PM, 1st February 2019
About A year ago

As Ian has pointed out, if the fixed term of the agreement is 18 months that’s generally the minimum term, although some landlords will offer a tenant a longer tenancy which has a tenant only break option. Even if this is the case, it is likely that notice will need to run from 24th to 23rd of the month. It sounds though from the agent’s response that 18 months is the minimum term. If the tenants believe this is incorrect they should make an appointment at Their local CAB office and take their agreement along for some advice.

Puzzler

16:02 PM, 3rd February 2019
About A year ago

It is correct. The tenancy period starts on 24th and notice should be given accordingly. However notice can be given on a different date with the landlord's agreement.

Michael Barnes

20:30 PM, 7th February 2019
About A year ago

If they are requiring payment to the end of the term, then the tenancy does not end until the end of the term. The agent cannot then lawfully enter the property until after the term without the tenant's permission.


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