<> Notice period conundrum | National Landlords Association
151420

This is probably just confusion on the part of the letting agent but here we go.

A friend of ours is letting a property and intends moving into another let. He signed a standard six month AST as supplied by a local letting agent and is now well outside the six months and into the periodic contract period. He pays his rent on the 24th of the month and gave 1 month's notice on Monday 15th Jan. His new property will be available on 15th Feb so that's ideal.

The agent says that he has to give notice on the 24th of the month and pay for the whole month and can't move out until 24th Feb.

The AST is only six pages long and says nothing about giving notice in this way; it only states that the tenant can give one month's notice. I have never heard of this either, but after we coached our friend in what to say to the agent, still got the same answer. However, he couldn't get a clear answer on *why* he had to give notice on the day the rent is due.

Personally I think this is rubbish but wondered if there was something I was missing and would be grateful for any advice. My intent is to phone the agent on behalf of our friend and ask her to point us to which clause in the AST stipulates this.

Precisely this scenario has happened to a friend of ours. The contract says that after the initial 6 month rental period "one clear month's notice" must be given. Please can someone let us know what the legal situation is with this? In the case of our friend, he gave notice on 12 February to leave on 11 March and has been told he must pay rent until 11 April - how can this possibly be right?

Dear 151420, It is the case that notice should end in line with the rental period - (Landlord & tenant act). Not all contracts make that clear and to be fair many landlords don't enforce it. You can't "stop" somebody leaving but can charge up until the notice period ends, (unless new tenants are taken on & no overlapping period can be charged for) The NLA tenancy says " To end the periodic tenancy you shall give us at least one months’ notice in writing. The notice must expire on the last day of a Rental Period" so that is clear. Lucy, where your friends contract states "one clear months notice" it is arguable they thereby agreed to vary the statutorily implied requirement.

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