Hi
We have been in the current rental property for the past 4 years. We would like to serve our notice as we are buying now and need to align with other people in the chain for completion. We were counting on 1 month notice from the day notice was served but have since Ben reading online and are slightly confused.
The contract term ended on the 22nd October 2017 and we have been on a roll over period since. Our rent payment date is the 30th of every month. And the following is the snippet from our contact. Could we serve notice on the 18th nov for tenancy termination on the 18th of dec? (This is what we have done in the past with other tenancies)
Ordinarily a tenants notice has to end on the last day of a tenancy period and be at least one month. In your case it sounds like his is 22nd of the month, so if you served notice notice now, the earliest it could end would be 22 December. However, your tenancy agreement appears to give you more favourable conditions if this is the full extent of the notice clause. Try serving notice now to end on 18 December if this is the date you wish to leave and ask your landlord in writing if he accepts it.
The payment day is normally the first day of each new period of the tenancy, but it can become disconnected from this date if other arrangements are made. Do you know why yours is different? Was it formally changed in writing? There isn’t really any great significance to the normal payment date in relation to a Notice to Quit. If your landlord accepts your notice as per my example above, you would pay for the period 22 November to 18 December on 30th November. You would calculate the daily rate. If the landlord doesn’t accept 18 December you could either fight it or pay until 22 December. Its only an extra 4 days.
