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Steven Ball · 07-10-2012, 01:02 AM

As far as I am aware any notice to quite given by a tenant on a monthly AST that has gone periodic must give one months notice AND it MUST tie in with the rent due date. My LA states the tenant only had to give 28 days notice. Dates involved are:

6 month AST started 190911
Letter from tenant dated 300812 giving 4 weeks notice from 300812.

Tenant and LA believe rent is only due up to 260912; I believe the tenant is liable until 181012 as the notice must be at least one month and end at the end of a rental period.

The AST states that the TERM shall be from 190911 to 180312 and then monthly periodic. It then refers to a clause that states what the tenant must do to end the tenancy. That clause is titled BREAK CLAUSE and states that the tenant must give at least one month's written notice. The TERM clause does not specifically mention any other clause other than the BREAK CLAUSE clause.

The next clause after the BREAK CLAUSE is titled ENDING THE TENANCY and states that the tenant agrees to give the LL at least one months notice in writing and that while the tenancy is periodic the one month's written notice must expire before a Rent Due Date.

Bearing the above in mind I believe the tenant/guarantor are liable for the rent up to 181012. Am I correct?

Vanessa Warwick · 07-10-2012, 08:01 AM

Yes, Steve, you are correct.

Dave Reaney · 07-10-2012, 11:43 AM

You would certainly appear to be in the right.

Common law dictates that the notice date must be the last or first day of a tenancy period - but in both cases the tenant has to be out by the end of the last day/start of the 1st.

Common law notice period is one tenancy period, or 28 days, whichever is longer.

Pat Flatley · 07-10-2012, 01:24 PM

You're spot on Steve, if it's same agent as in your other thread (access) then it's time he/she got the tin tack! Dodgy

Steven Ball · 08-10-2012, 12:12 AM

Vanessa, Dave and Pat,

Thank you for confirming what I thought to be the case I will be going back to the LA tomorrow accordingly.

Steve

PS Not the same LA Pat but frustrating all the same. If the properties were not over 5hrs away I would seriously consider self managing as things can be very frustrating at times.

KR

Steve

Steven Ball · 08-10-2012, 06:13 PM

LA now agree with me; now we have the small matter of the tenant moving out on 260912 unaware that they were liable up to 181012. They had a home owning guarantor so one would hope we will get this resolved eventually. I say eventually as I doubt they will pay up in one go.

Thanks again for confirming my interpretation was correct.

Steve

Dave Reaney · 09-10-2012, 09:15 AM

If LA have given any indication of acceptance of the defective notice, then it stands. You may need to encourage the LA to cough up the missing rent.

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