pjb123 Posted September 12, 2011 Report Share Posted September 12, 2011 tenancy started on 26 march he gave notice on april 5th== my tenancy agreement says one months written notice to end tenancy ... where does it say in law that this one months notice needs to end at the end of a payment period ie it should end 25th may all i put on my tenancy agreement is one months notice thinking by law it would translate into one months notice ending on a rent day .. i need to quote this i have looked in section 5 housing act 1988 . thanks for input Link to comment Share on other sites More sharing options...
Grampa Posted September 12, 2011 Report Share Posted September 12, 2011 What is the last day of the tenancy argeement & does the tenant want to to move out on the 5th (which month?)or give 1 months notice on the 5th? Link to comment Share on other sites More sharing options...
pjb123 Posted September 12, 2011 Author Report Share Posted September 12, 2011 its a periodic tenancy from the start , tenant has moved out but gave notice on the 5th april tenancy started on 26th march .... it seems from digging around its just a belief that one month should end at the end of a tenancy period i can find nothing saying so in law at the moment Link to comment Share on other sites More sharing options...
Carryon Regardless Posted September 12, 2011 Report Share Posted September 12, 2011 http://www.landlordz...ice_to_quit.htm Unfortunately this doesn't detail the specific legislation. Do we assume that this is all this year, that is in the same year, serving notice 10 days after tenancy start ? The tenancy would be an AST, the SPT would commence at the end of the fixed period which unless a contract details otherwise would be for a minimum of 6 months. I am also fairly sure that for the protection of T's the legislation overrules any required notice as may be required in contract, the way it is written actually prescribes 'notice periods' and my interpretation of that was that the T is bound by the notice requirement even if the contract allows for shorter, as yours seems to. Also to clarify, while payment dates are often the start of a tenancy period it is the period the rent is paid for that dictates the tenancy period. This can be important when a T alters the payment dates or HB pay at 2 week intervals, I prefer to avoid the confusion by detailing what period rent is DUE for. Link to comment Share on other sites More sharing options...
Chestnut Posted September 12, 2011 Report Share Posted September 12, 2011 Unlike Landlord's notice, does legislation, if any, for Tenant's notice have any clout in practice? The law favours the tenant. Advice I've received is to accept departure, regain possession, and move on to next tenancy. If the rent is short by a few parts of a month, whatever entitlement might be, it is not worth chasing. Link to comment Share on other sites More sharing options...
Grampa Posted September 13, 2011 Report Share Posted September 13, 2011 When you say the tenant gave notice on the 5th. Did they move out on that day or a month later? Link to comment Share on other sites More sharing options...
pjb123 Posted September 13, 2011 Author Report Share Posted September 13, 2011 he moved out 28th however some useful info has come to light ... the wording of your contract is very important had i have written words to the effect of tenant should give one months notice ending at t end of a tenancy period .... it would have been an entirely different matter ..... my wording was to ambiguous which i dare not risk acting on ...in court Link to comment Share on other sites More sharing options...
Carryon Regardless Posted September 13, 2011 Report Share Posted September 13, 2011 My AST wording states that current legislated notice periods will be required, we don't have choice anyway. I know we have a duty to educate and lead the T's by the hand, but they only need ask me, Shelter, CAB, a solicitor, the guy down the pub. Their choice really. Link to comment Share on other sites More sharing options...
Guest caravanj Posted September 13, 2011 Report Share Posted September 13, 2011 Notice by Tenant 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 writingIt must be delivered at least 4 weeks before the notice period ends or 1 month if rent is paid monthlyIt 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 20th of the month or the 19th to be on the safe side. The tenancy agreement cannot change these basic rules, 4 weeks being the minimum notice period. However, if the tenancy period is more than 4 weeks, for example, one month, then the notice period is one month. [Note: these rules do not apply to Protected Shorthold Tenancies - shortholds entered into after 28 November 1980 and before 15 January 1989 - these tenancies had to be preceded by a notice - the shorthold notice] Tenants needing to terminate and leave early from a fixed term tenancy may negotiate with their landlord to be released from their contract, but this is a matter for personal agreement between landlord and tenant. Link to comment Share on other sites More sharing options...
Guest caravanj Posted September 13, 2011 Report Share Posted September 13, 2011 Having said that, I agree with Chestnut because whilst I can find a shed-load of cases where a LL's been sued blind, I can't find a single case where a T's been sued. Get your house back & move on. Any attempt to sue your T will bring a raft of false but legally aided counter claims against you & it'll cost you more in legal fees than lost rent. Link to comment Share on other sites More sharing options...
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