That is my understanding too with the open rent AST, that a tenants notice must be a minimum of 1 months notice no later than the day before their next rent due day. This of course is if they are in a periodic tenancy or 1 month away from a fixed term tenancy.
So for example a tenants rent is paid on 15th of each month (which fell in line with the start of their tenancy agreement start date ) and they can give notice on the 14th. If they gave notice on the 15th technically that is a day late.
Not so. A tenant can walk away on the day that a fixed term ends with no notice and the tenancy will end. Thatās the only time they can do it with no notice.
Edited to add that itās only the LL that is required to give notice that they want the tenancy to end at the expiry of the fixed term (S21). However, unless the T actually leaves, the tenancy will go periodic which is, in legal terms, a new tenancy.
I think thereās a bit of confusion here. In the absence of a contract term to the contrary, the common law position is that a tenants notice is a minimum of one month ending on the last or first day or a tenancy period. This may or may not coincide with rent days as these can be changed, but the notice period canāt.
I believe that the Openrent tenancy agreement is a contractual periodic model, so the tenants notice will be specified in the agreement. It has an initial term, (not fixed term) and the tenant would not be able to leave on the last day of that initial term without notice.
Iād be interested in the OR wording if youāve got it as Iāve never used their tenancy agreement. Does it really allow a T to give one monthās notice during the initial term? That would allow them to leave after a paying a mere two monthsā rent!
I am familiar with the governmentās tenancy agreement, and that puts no obligation at all on the T to give notice during the fixed term. During the fixed term, the tenancy can only be ended early āby mutual agreementā. Once it goes periodic at the end of that, the standard one-month notice period is required for the T.
your ābreakā clause will stipulate when when the tenant can give notice during the initial term.
there isnāt a break clause in the govt template for the fixed term. If thereās one in the OR template for the initial term, again, Iād be interested in seeing it if someone can quote it here.
You can insert one into any AST document.
Iām aware of that and the fact that you can make the notice period any length of time you like if you do insert your own break clause.
My point is that if the govt template itself doesnāt have one, then itās likely that there will be a lot of ASTs out there that donāt, and it might catch LLs out.
Iāve never seen a copy of the OR tenancy agreement either as I dont use it. Im just going by what theyāve said about it in previous posts.
My understanding of the Government tenancy template is that its a fixed term agreement, not a CPT. Fixed term agreements dont usually include a tenants notice clause. The tenant can also leave before the term expires without notice.
On the govt contract, the tenant can only leave during the fixed term āby mutual agreementā.
Hereās the wording:
unless terminated early in accordance with the clauses in section E (landlordsā grounds (reasons) for possession during the fixed term) or, where applicable, section F (break clauses for tenancies of two years or longer) of this agreement, or unless terminated early by mutual agreement between the parties.
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