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I have a tenant who gave notice back in 5th January 2019 to leave 5th February 2019 when the fixed term AST ended but is still at the property. The tenant has been given a housing association property which is still not ready and there is no reliable date as to when it will be. I have no problem with the tenant continuing to stay. The contract continues as periodic.
However I wanted to understand the periodic notice period. Under a periodic tenancy 1 months notice is required to be given by tenant. What does this actually mean in practice?
If the rent is due on the 5th of each month and the tenant gives notice say 15th September are they required to still complete one full 30 day rent cycle? i.e. the earliest they could leave in my case is the 5th November or can they leave 5th October without penalty?
A tenant isn't required under law to give notice to leave at the end of their fixed term contract. As long as they leave at the end of the fixed term.
If they stay on after the fixed term then the tenancy becomes periodic. Dependent on the clauses in the contract depends whether this is a contractural periodic or a statutory periodic. If it doesn't say in the contract it automatically becomes a statutory periodic tenancy which means the tenant must give notice in line with rent payment dates. Therefore if for instance their rent payment date is the 5th of the month and they give notice on or before the 5th of the month their date to leave would be by the 5th of the following month. If the tenant gave notice 15th of the month their notice period wouldn't start until the next 5th of the month to leave by the following 5th of the month. So for example if the tenant gave notice 15th September notice starts 5th October to leave by 5th November
Its up to you whether you make them stick to this but that it whats covered by the law. So often tenants just think 30 days notice at any time of the month is okay and they get upset when you remind them of their obligations under the law.
'once the tenant is out of there fixed period they don't have to give notice they can just leave but the good tenants will let you know'
ONLY AT THE END OF THE FIXED PERIOD, WHICH ISNT THE CASE HERE! THIS IS DURING PERIOD AND NOTICE IS NEEDED!!!!!!
If you have a statutory periodic tenancy then the tenant must give a month's notice which ends on the day before the rent due date. I am going to assume by 30 day rent cycle you meant monthly rent cycle as the rent is due on 5th of every month. If notice is given on 15th September, then they need to pay rent up to 4th November and leave on or before this date.
If you have a contractual periodic tenancy then the notice period id whatever you wrote into the contract.
Have a look at the relevant page on the Shelter, the National Campaign for Homeless People Limited website.
Rent day doesn't matter, it's the tenancy period end (or start) day that matters.
Long article from the experts, Shelter, on this matter here..
- it can be complicated depending on service of notice, tenancy period etc etc..
Two key cases are of course
- Doe d Peacock v Raffan  & Parker d Walker v Constable 
But in practice if his notice is a bit out (say by a day) why not agree? There's another recent post asking why landlords have a bad name...
If the tenant gave valid notice in January, their tenancy ended when it expired. A tenant's notice ends their tenancy,
Presumably, you've accepted rent since then, so a new tenancy has possibly started (although the terms aren't clear).
Assuming the new tenancy is periodic, you need to work out when it began, so you can work out when the tenancy periods start and end. Practically speaking, I think you might as well let the tenant leave when they want, as it's going to be a bit of a mess otherwise.
Whatever the situation, you can't ever charge a tenant "a penalty".