Question…

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?

Answer…

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.