Definition of "last day of rental period of the tenancy"

Landlord Discussion
1

Hello,

I have below wording in my break clause which my tenant has just invoked.

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either party may invoke this break clause by providing a minimum
of two months written notice to the other (such notice to expire on the last day of a rental period of the tenancy).

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My interpretion last day of the rental period to be the calendar month - i.e. tenant to pay rent for the whole of August.

My tenant is interpreting the final day of rental to be 17th August i.e. 2 months after tendering notice.

Does anybody know the correct interpretation please?

Thank you,

Liam

2

Hello Liam,

It should say the rental period on your tenancy agreement. E.g.

“The Rental Period begins on the xth of the month.”

The standard “landlord joke” is that you get to give shorter notice if you are evicting across February, due to the shortness of the month.

Best regards,

Simon

3

Notice doesn’t have to be tied to rental dates anymore. It is now 2 months from the date of service of the notice

4

Hi Prestline, as far as I know that depends when the notice is served, and whether it’s the landlord or tenant giving notice. If it’s the landlord giving notice within the fixed term and the S21 notice will expire after the fixed term ends, then you’re right - landlord doesn’t need to worry about rental periods.

But from Liam’s original message, it seems the contract says the notice needs to expire on the last day of a rent period. The tenant using that clause would be different from the landlord giving an S21.

So basically Liam - sounds like the tenant would need to give 2 full rental periods as Simon mentioned. If the tenant gave notice on the 17th then the tenancy would end after 2 full rental periods, and the rental period normally begins on the day the rent’s payable each month.

So in your case if they pay rent on the 1st every month, notice will take effect next time 1st of the month comes round (ie. 1st July) and it’ll expire after 2 rental periods, so it won’t end till 31 August.

Let me know if that makes sense!