N5B

[Trevean]

Hello

I would like some advise or confirmation please on the correct date of expiry. Tenancy started 15th oct 2009. Rent due monthly on the 1st. Tenancy is now statutory periodic.

The relevant part of the notice wording is as follows "possession is required by your landlord of the premises X which you hold as tenants at the end of the period of your tenancy which will end after the expiry of 2 months from the service upon you of this notice." Dated 11th April and posted same day. The tenants have acknowledged. Am I correct in thinking that the date of expiry is 30th of june

Both tenants are listed on the tenancy agreement, is it ok to send just 3 copies to the court, one for tenant, one for the court, one for me.

Thanks

Trevean

[Carryon Regardless]

What is relevant is the period that rent is paid for.

If rent is paid on the 1st for the period commencing the 1st then that is the start of a tenancy period.

Confusion can result, and a defence might be raised to say that each tenancy period ends on the 14th of each month. The wording of the contract, or a statement of account demonstrating the period of tenancy (ie Rent received (or due) for the month of eg January).

A defence could also be raised that your notice statement that possession is required after 2 months specifically relates to 12th June and only the 12th, but in my view the word 'after' is a saving clause, and the 30th June is 'after'.

For future when a notice is posted you should allow 3 clear days in your calculation for the post to arrive. This can mean missing the preferred date and it being a month later for expiry.

It's always good when there is acknowledgement, but sending proof of despatch resolves any defence around service.

Good luck, keep us posted on progress.

[LLAW96]

I have written extensively on this issue previously the period of your tenancy runs from the 15th of the month and expires on the 14th of the following month see Salford CC -v- Garner [2004] EWCA Civ 364 HLR 35 the date of the payment of the rent is is simply a matter of accounting convenience for the landlord. As a matter of practice you should send enough copies to the court for each party to be served, a copy for the court file and a sealed copy for you, so in this case you need 4. The new N5b has sufficient space to set out the details of each landlord.

Hope that helped.

[Carryon Regardless]

Property Law UK

I see how this relates to the clarification of when a tenancy might begin, and subsequently when a fixed period might finish but not how it might relate to a period of tenancy (apart from the fixed period).

s.5(3)(e)of the 1988 Act. :

3) The periodic tenancy referred to in subsection (2) above is one:

a- taking effect in possession immediately on the coming to an end of the fixed term tenancy;

d- under which the periods of the tenancy are the same as those for which rent was last payable under the fixed term tenancy; and

e- under which, subject to the following provisions of this Part of this Act, the other terms are the same as those of the fixed term tenancy immediately before it came to an end,

a- I understand that a periodic tenancy commences immediately following the end of a fixed period of tenancy, there is no choice really.

d- If during the fixed term the rent was payable for a complete calendar month, commencing on the 1st of any month, then surely that state continues into the periodic tenancy.

[Trevean]

I have written extensively on this issue previously the period of your tenancy runs from the 15th of the month and expires on the 14th of the following month see Salford CC -v- Garner [2004] EWCA Civ 364 HLR 35 the date of the payment of the rent is is simply a matter of accounting convenience for the landlord. As a matter of practice you should send enough copies to the court for each party to be served, a copy for the court file and a sealed copy for you, so in this case you need 4. The new N5b has sufficient space to set out the details of each landlord.

Hope that helped.