Just like a landlord when serving any notice must get the form correct and ensure all the dates are correct, so must a tenant. It must be said though that for a tenant, there are fewer requirements on the contents of a notice but nevertheless, the date of a tenants notice must be almost as precise as that of a landlords.
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Assume a statutory periodic tenancy with the period being calendar monthly, if the tenancy agreement is silent on notice periods is the default position one full calendar month and must end on the last day of a period? i.e. if rent day was yesterday and notice was given today the tenancy has almost 2 months to run?
Yes, that’s right although a tenant has two dates to land a notice and in fact they could give notice on a rent day and expire it on a rent day and as long as they leave before midnight that would be fine. This is in addition to the ability to land the notice the day before the rent is due.
Guild of Residential Landlords
Assuming the expiry of an AST for a fixed term, that contained a notice provision for two months. This fixed term expires and a statutory periodic tenancy results. Is the notice period for 2 months (the term is imported from the expired AST into the new tenancy) or is the notice one month as rent is paid monthly?
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You would really need to be a member to keep it fair on those that are to look at this in any detail. However, I assume you mean there is a clause requiring the “tenant” to give 2 months notice. If so, that would be imported into the new tenancy. However, the question to ask is whether seeking two months from the tenant is an “unfair term” or not. That is a question which has not been settled in the court as yet (to our knowledge) but we can explain our views as to the reasons why the clause would or would not be enforceable if you became a member. (Apologies if you are a member, I just searched by your email and unable to locate).
I have just become a member to try to find out more about the validity of landlords’ and tenant’s notice periods following the expiry of an initial fixed term. I am faced with the same problem as Ed above describes; what is the view of whether a 2 month landlord notice period is a “fair term”, when the tenant wishes to serve just 1 months’ notice?
My tenancy came to an end in June. That was a 12 month contract which stated I must give 4 weeks notice to leave and my last months rent was free as I paid that up front. I now want to leave but my landlady says she has emailed me a new contract (not received or signed) so I’m stuck there till June and have to pay the last months rent if I try to go now. I don’t know where I stand?