giving notice

[goddard]

My tenant has given me just under one months notice of his intention to vacate the property. I have a contract which I now believe is periodic as it has rolled forward from a shorthold which states 'either party to give two months notice as minimum' can the tenant vacate giving less than two months notice?

[Melboy]

Yes...... I months notice by tenant or 2 months notice by landlord.

If your tenant is leaving and has paid their rent on time and you have had absolutely no problem with your tenant and he /she is likely to leave the property in a good clean condition then accept the notice to quit and move on. Not worth the hassle of fighting a tenant who wants to leave.

The burning question is of course..........Did you protect the deposit when the tenant moved in?

[Carryon Regardless]

Notice for all ends on the last day of a tenancy period, as said 2 months LL's, 1 month T's 'minimum'.

If the T gives notice at the wrong time they can be liable for nearly 2 months rent (and other responsibilities). When they actually go is up to them.

If you re let within that period they are relived of the responsibility as we aren't supposed to take 2 rents for the same period, a negotiated release can be a good tactic sometimes. Described as a release fee you haven't then taken rent twice.

A rent period can be confusing.

Some will see a rent period starting at the commencement of the periodic tenancy (that this the day after the expiry of the fixed term).

Others will see the rent period starting on the day rent is due, this can be the same for obvious reasons, but confusing if rent days are changed.

Legislation states that a tenancy period is the period that rent is paid for. For this reason my AST's state each actual calendar month following the fixed period is a tenancy period, so January, then February....

More often my initial fixed period will be for 6 months plus the required extra days to take it to the end of a month. No argument then, until Shelter stick their bloody oar in.

[Richlist]

If the tenancy is in the fixed term a tenant doesn't need to give any notice to leave at the end of the fixed term.

If the tenancy is past its fixed term and become periodic the tenant must give 1 months notice ending on a rent day.

Of course tenants can & do leave whenever they want to but that doesn't always relieve them of their obligation to pay rent & utility bills.

[Mortitia]

Often tenancy agreements state that the tenant needs to give 2 months notice when a tenancy is periodic but that cannot be enforced legally.

The legal requirement is 1 month from a rent due date.

Agree with Mel - if tenant has been good then let this one pass and get viewings organised.

[Jhieko]

I have known it's always 2 months advance notice.

[Chestnut]

Jhieko: You say you "have known it's always 2 months" - from where do you get this information? It may be misleading.

In England I understand minimum notice is one month for tenant after fixed term, assuming tenant is paying monthly in advance, whatever may be written on tenancy agreement.

In my experience it's best to let tenant go when they want to - it minimises aggravation and possible damage. Assuming monthly rent is paid up, that amount is already in Landlord's account before end of month; unpaid rent is of course a different problem but advice could be the same.

I concur with above advice.