My tenant has been on periodic tenancy for last 3 months after the fixed contract naturally rolled into it. There is a one month notice period involved and tenant has served his notice by email on the 11th. Monthly rent collection date is the 16th and tenant has asked to be informed for ‘final rental amount’ considering that the next period will not be a full one extending all the way to 16th of Sep. Should I therefore simply calculate the rent on pro rata basis for the 25 days out of 30 or is there ground to insist that the rent be paid ‘til the last date of the last rental period, i.e. 16th of Sep?
If you check your tenancy agreement you will probably find that the tenants notice has to be a minimum of a month expiring at the end of a tenancy period. If your periods run from 16th to 15th of the month, then the earliest a valid tenants notice could expire would be 15 September.
If you wish to just accept the notice theyve given, then you should reply to them confirming that you accept the notice, the date their tenancy will end and the pro-rata rent due.
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Your tenancy agreement will no doubt answer this question
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The period will be the period which, by the sound of it, is a calendar month ending on the 16th. Don’t confuse the period that the rent is due with the time that the tenant may be in the property. They are liable for rent until the rent period ends, even if they move out before that.
That’s unless you come to another arrangement with the tenant, which I would strongly recommend you get in writing and signed by all parties.
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Thanks to all for your helpful responses
I am a tenant and when my last landlord served me with a section 21 I was given the legal minimum 60 days starting from the date of the letter which ended on the 9th of the month when my rent was always due on the 20th of the. Your tenants have given you the necessary notice, be fair. The legal requirement is a month, expecting someone to give notice in line with rental payment due dates is unreasonable
Landlords can give 2 months notice at any time.
Tenants have to give at least one months notice inline with the rental payments dates.
Fair or not that’s how it’s done unless your tenancy agreement says differently.
One month is not long to check condition, sort ‘wear and tear’ and market a property
not quite… they can give two months’ notice to expire after the fixed term has ended.
Yes, after the fixed term.
Thought that was a given in this scenario
The month’s notice is irrelevant in your context as wear and tear and repairs cannot be carried out until after the notice has expired and the tenant has fully moved out
Rent is paid to the rental period stated on the contract probably monthly
It’s not relevant how many days the tenant stays of that month
If the tenant gave notice on the 11th and the rental calendar is the 16th
The tenant has gave you a month and five days notice
His notice is the anniversary of the rental period ie the 16th not the day he gave notice ( if it’s different )
When a contract stipulates notice it is calculated to the anniversary and duration of the rental period not on the day it is served
It is contract dependent