Hi there, I am looking for some advice regarding an end of tenancy on my property.
My tenants are five months through a six months AST contract and have just served notice (22 /10/ 24). the AST expires on 06/11/24 and I am wondering which date I should be accepting notice from thus changing their move out date and ongoing financial commitment.
Should it be the 22nd (i.e. the date they served notice) or the 6th (being the date the AST expires and they begin a rolling contract)? I have used the standard template from OpenRent RentNow service and the clauses I can see relating to this are attached as pics to this post- it is a little confusing.
I will likely offer a goodwill gesture and accept the 22nd assuming I can find new tenants but I’m unsure as to the legal standpoint.
I assume the 6th monthly is your rent reapyment date to co-incide with their move in date.
As per the contract, notice served on 22/10/24 would end on 5/12/24. Ie one calender month minimum to expire on the day before rent repayment date. They shoud pay their rent due on 6/11/24 in full to cover upto 5/12/24.
You could however be flexible. Personally, I am generally happy if I get one months notice, so if they have been good & fair tenants, I would accept 21/11/24 as the last date of the tenancy, and work out pro-rata rent from 6/11/24 rent payment date upto 21/11/24.
Their notice is invalid unless the tenancy agreement says otherwise because they can’t normally serve a valid notice during the fixed term. If so, its up to you which you go for, but just make sure you keep a record of responding to their notice and that they receive the response.
