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I'm sorry to read of the above. May I confirm the date each month rent was payable under the terms of the agreement please?
thank you. On what basis does the landlord or agent claim that you must give more than one months notice to end the periodic tenancy please? For example, is there an express provision in the tenancy agreement making the tenancy a contractual periodic tenancy rather than a statutory periodic tenancy?
they would indeed be correct in regards ***** ***** observation about the tenancy becoming a periodic tenancy but unless there is a specific provision in the tenancy agreement creating a so-called contractual periodic tenancy with a specific requirement that more than one months notice as provided in respect of that contractual periodic tenancy, then what happens by the fault is that a statutory periodic tenancy arises which includes a provision as regards ***** ***** notice not to. Do you have any information that a contractual periodic tenancy was created instead under the terms of the tenancy?
if you have a copy of the tenancy agreement available to upload, I can confirm the position
thank you. Hopefully, in this case, no room for doubt is left by virtue of the clause contained on pdf page 18 headed " special tenancy conditions". This clause helpfully in the circumstances expressly sets out the same terms that would otherwise be implied by statute in any event stating that you need to give the landlord one months notice as tenant.
Under common law, any notice you provide can only end on a complete rent period, namely being the date rent is payable each month and as such, you will notice given for seventh June would not be valid as it does not coincide with a complete rent period. As such, it seems to me that you would be liable for rent up to and including 12 June 2022 being the next date following on notice which satisfies the requirement for you to give one clear months notice and which is a complete rent period but I cannot see any basis for the agents claim that you owe rent for a further month until 12th July.
the agent appears to be basing their contention on the ground that you must serve notice exactly one month before you give notice to leave. This of course is incorrect. the common law requires you to provide at least one months notice- - there is no requirement that you give exactly one months notice.
There are some common law decisions which assist working out the appropriate period of notice required and provide authority for what we have discussed above. Under common law, a notice must be equivalent to one the rent period - so in this case, one month as a consequence of the decisions in Doe d Peacock v Raffan  170 ER 812; Parker d Walker v Constable  95 E.R. 913
When you calculate the notice period, the day on which you serve the notice is included in the calculation but the last day is not (Schnabel v Allard  1 QB 627).
The decision in Crate v Miller  All ER 45, CA decided that a notice to quit can either expire on the last day of a rent period or the first day of a rent period.
it seems to me that you simply need to take the position that your notice is valid and suggest that the agents seek legal advice on the point but that you will not be paying rent for a period beyond 12 June given that your notice has been properly served in the common law and as it happens under the terms of the tenancy agreement as well.
From there, it is up to the agents to make a claim against you if they consider that you do a rent despite what you say
unfortunately, this is a legal information service and as such, I am not permitted to provide representation though I am very grateful for the enquiry
I'm glad the above answers all your questions for now. If you have any follow up questions please revert to me.
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