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Remus2004
Remus2004, Barrister
Category: Property Law
Satisfied Customers: 70637
Experience:  Over 5 years in practice.
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I have an Assured Shorthold Tenancy Agreement (“For the term

Customer Question

I have an Assured Shorthold Tenancy Agreement (“For the term of six months”) with the Start Date of 26th March 2013. The tenancy agreement states:
“The tenant(s) are required to give one month’s notice in the penultimate month of their current contract except in the case of a periodic Tenancy, in which case one month’s notice is required on or before th e monthly anniversary of the Start Date” [SIC]
I posted a letter through the door of the letting managing agent on Sunday 31st August advising them that I would be vacating the property on 7th September 2013
Can you please tell me:
What is the expiry date of my tenancy ?
Submitted: 4 years ago.
Category: Property Law
Expert:  Remus2004 replied 4 years ago.
Thank your for your question. My name is Jo and I will try to help with this.

I am sorry but its probably bad news.

If your 6th month AST began on the 26 th March then it would end on the 26th September.

However, unfortunately, you need to give one clear months notice on or before the rent date. So your notice on the 7th September will not take affect until the 26 th September and run until the 26th October.

I am afraid that you are liable until the 26th October.

Of course though, the landlords are under a duty to mitigate their loss by seeking a replacement and if they can achieve that then your liability ends then.

I'm very sorry.

Can I clarify anything for you?

Jo
Customer: replied 4 years ago.


Thank you for your answer but I don't understand where I have failed to comply with my tenancy agreement. It is not a periodic tenancy and I gave notice in the penultimate month of my current contract

Expert:  Remus2004 replied 4 years ago.
Because you didn't give notice on or before the rent date.

And you didn't give one months notice anyway.
Customer: replied 4 years ago.

FOR JOMO1972: but the tenancy agreement does not state I have to give notice on or before the rent date - it states "one month’s notice in the penultimate month of their current contract". If I gave notice on 31st August then why does my tenancy not end on 31st September ?

Expert:  Remus2004 replied 4 years ago.
That may be right but this is an AST and you have to give one months notice on or before the rent date.

And the agreement you have does demand one months notice in express terms which you haven't done.
Customer: replied 4 years ago.

FOR JOMO1972: Thank you again for your prompt answer but I still do not understand. The only mention of "on or before the rent date" is in the case of a periodic tenancy, which mine is not

Expert:  Remus2004 replied 4 years ago.
Ok. Good luck with this.

I'm afraid I cannot make this clearer so I'll opt out.