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bottletop

Spt Notice Period

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Bit of advice needed if possible...

I started a 6 month tenancy that expired 24th August 2012 and have been on a statutory periodic tenancy since then. My rent, however, has always paid on the 1st of the month.

I gave 1 months notice to the rental agency today, and thought that would mean my leaving date would be the 23rd Jan 2014. Rental agency says no, it's one month from a day before the rent date i.e. 31st Jan.

Spent a couple of hours googling, but can't seem to find a definitive answer.

Any advice/help on this one would be appreciated.

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Bit of advice needed if possible...

I started a 6 month tenancy that expired 24th August 2012 and have been on a statutory periodic tenancy since then. My rent, however, has always paid on the 1st of the month.

I gave 1 months notice to the rental agency today, and thought that would mean my leaving date would be the 23rd Jan 2014. Rental agency says no, it's one month from a day before the rent date i.e. 31st Jan.

Spent a couple of hours googling, but can't seem to find a definitive answer.

Any advice/help on this one would be appreciated.

Your SPT started on 25 Aug and your tenancy periods run from 25th to 24th of each month. Your notice should expire on 24th Jan. The date that rent is paid doesn't come into the equation.

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Your SPT started on 25 Aug and your tenancy periods run from 25th to 24th of each month. Your notice should expire on 24th Jan. The date that rent is paid doesn't come into the equation.

I agree with the above answer. Rent can be apportioned and I presume must have been at the start in order to get to payments being on 1st of the month. So you can pay to 24th and leave. The only thing which can alter this is a term in your agreement - so you need to read it or ask the agent where this clause is, otherwise it's the 24th.

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Actually the agency is probably correct. The key is that the length of periodic tenancies is determined by the amount of rent you pay at a time. If you pay a weeks rent, the period of your contract is a week. If you pay a months rent, its a month. And in a periodic tenancy each period is in effect a new contract.

So technically, I suspect the first periodic contract lasted one week, from 25th August 2012 to 31st August 2012. This is because no doubt when they took rent on 1st August 2012, they took a whole months rent. So in effect, when your lease was up, you then paid a weeks rent, which meant at that time you were on a weekly periodic tenancy. Once they then took a months rent on 1st September 2012 that then got you onto a "first-to-last" monthly period.

And since, with a monthly periodic tenancy, the notice period required is one month, and it has to line up with the end of a period, the earliest date your legal commitment can end is indeed 31st January 2015.

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