Hello, my tenant signed the AST on the 23rd September 2023 and gave notice on the 2nd of September 2024. Moved out on the 30th. Do she owe rent from the 23rd to the 30th?
She probably owes you rent until at least the 22 October, maybe 22 November and possibly even beyond.
Assuming no oddities in the tenancy agreement, The tenants notice was almost certainly invalid so in theory the tenancy may not have ended. Landlords can usually accept an invalid notice, which then makes it valid, so how exactly did you respond to receipt of the notice?
This is potentially legally complicated so unless you really feel you need the money, I’d just move on.
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Notice follows the rental calendar not the monthly calendar
Is this a six or twelve month AST ?
Did the AST run into a periodic or is it a 12 month AST
What is her rent period eg monthly ?
So she served notice that becomes valid from 23rd September
Is she expected to give one or two months notice
She is liable for the rent for the month 23-9-24
It was a 6 month AST so she was on a monthly rolling contract when she gave her notice.
Monthly rent period
She gave her notice on the 2nd September and she had to give at least 4 weeks notice, then moved on the 30th. I think she thought if she moved by the end of the month then she wouldn’t owe rent but surely she owes a week?
She had been in there for almost a year when she gave her notice. She was on a periodic tenancy and had to give at least 4 weeks notice
the rental notice doesn’t follow the calendar month it follows rental anniversary
Her one month starts from 23-9-24 so irrespective of when she thinks it’s ok she is liable for the month commencing 2-9-24
What exactly did her tenancy agreement say about her giving notice?
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Ok so because she gave notice on the 2nd September, part way through a rental period (rental period starts/ends 23rd) she’s actually liable for rent payments up until 23rd October? Or am i misunderstanding?
I’m not going to charge her up until then, I just want to make sure I’m not doing anything illegal by charging her from 23rd until 30th September as that’s when she moved out.
“The Tenant must give notice of no less than one month, such notice to expire the day before a Rent
Payment Day or on the final day of the Initial Term.”
I’m assuming that is saying that she’s liable to pay rent until 22nd October as the rent payment date was the 23rd
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Correct
Notice on 2 September actually starts for month commencing 23 September
So yes she is liable till 22nd october
I agree with the viewpoint of David122. The average tenant won’t know how to serve notice correctly and many of us as landlords don’t know either. Personally, I would have politely educated the tenant as soon as they served their notice so it is clear when they need to make their final payment and when they must move out.
If the person had been a good tenant paying their rent on time and not damaged the property, I would be inclined to enter in to an arrangement with the tenant which would allow them to leave early and just charge them a daily rate for the part of the rental period they occupied the property.
What was the exact wording of her notice on 2nd? What was your response to the notice?
This is exactly what I do. Interestingly, I’ve never had a T give me notice in writing before speaking to me verbally about it, usually at an inspection. Once they tell me, I explain exactly what their obligations are and the terms on which their notice will be valid. Never had an issue arise after doing that as everyone knows what’s what.