Can someone clarify when the earliest a tenant can leave is if they have moved in on 10 September?
RRA states:
A notice to quit satisfies this subsection—
(a)where it is given by a tenant in relation to premises let under an assured tenancy, if it is given—
(i)not less than any length of time before the date on which the notice is to take effect, not exceeding two months, that the landlord has agreed to in writing, or
(ii)in the absence of agreement under sub-paragraph (i), not less than two months before the date on which the notice is to take effect;
My understanding is that months are calculated using the “Corresponding Date” rule, whereby 1 month from 10 September is 10 October, so 2 months is 10 November.
The “date on which the notice is to take effect” is the 9 (the day before the rent is due) or the 10 (the day the rent is due).
As two months have to pass BEFORE the date on which the notice is to take effect, and 2 months from 10 September is 10 November, the earliest date on which the notice can take effect is 11 November, which is no longer the rent due date or the date prior, so the tenant would be liable until 9 or 10 December.
Nope 2month from say moving in at say 9am 10sep is from 9am on 9th nov but the legislation doesn’t measure based on exact hour and minute when notice served. They give notice onn10 sep and move out 9 Nov. which is last day of the 2nd rental period, 10oct to 9 Nov. As per the legislation.
This is the exact guidance
"
If the tenancy agreement does not say how much notice your tenant must give, they will need to give at least 2 months’ notice.
You can agree with your tenant to end the tenancy earlier or have a shorter notice period. This will need to be in writing.
Your tenant must give their notice:
so the tenancy ends on a day when the rent is due or the day before the rent is due"
They cannot give notice the day rent is due and end the tenancy 2 months later. If notice is given on the day rent is due then there is not 2 months before it it 2 months to the day. 2 months before and 2 months to the day are not the same thing.
If a tenant wants to leave on the exact day rent is due, they need to give 2 months notice minimum day before rent is due.