How much notice should I give to leave?
I have been renting a property for the last two years
and I am presently in a rollover tenancy, my initial tenancy was for six
months. I pay my rent on the 15th of each month. I recently gave my landlord a month's notice on the 25th
April to move out on the 25th May, however, I have been told that it
should be given on my rent due date of the 15th and I must also give
two months' notice. I really need to move out, is this correct?
Once a fixed period Assured Shorthold Tenancy rolls
over, past it's fixed term period, then the tenancy becomes a periodic tenancy,
and if the rent is paid monthly, then EACH month becomes a statutory periodic
tenancy, the same legislated for under the Housing Act 1988.
The Housing Act clearly states the landlord must
give the tenant two months written notice (normally by Section 21, this is
different to the Section 21 Notice during a fixed term), however, a tenant can
give notice by way of the same way they pay rent. Therefore, as you pay
monthly, you only need to give a month's notice, in writing.
The dates are important and this is where your
landlord is correct, you must give notice on your rent due date. Your rent due
date (assuming the day you pay rent is the same as your rent due date on your
tenancy agreement) is the 15th, so notice will start from the next
15th to expire on the 14th. In your case you gave notice
on the 25th April, the next rent due date would be the 15th
May and this would be when your month's notice would commence for you to vacate
on the 14th June.