UK Landlord Forum / Life

Hello Folks

Our tenant wishes to give us two months notice to move out of a flat we own, that being the period stated in the tenancy agreement. She wished to do this from 16th February (despite us not having this in writing yet...), although the tenancy is paid on a monthly basis - from 1st to 1st of each month. 

MY question is:

Can we/should we accept notice to leave from, 16th of month, when the rent is paid in monthly advances / are we letting ourselves in for trouble..?

Many thanks

Not sure if i'm missing something but I was under the impression that the statutory right of a tenant was to only have to give one months notice despite the landlord having to give two months.
As for not receiving it in writing, I would have thought that if you write or e.mail a confirmation to your tenant accepting the notice then if that is uncontested it should mean that they accept the position.
Maybe i'll be corrected on that.

Also, re. the start date of the notice.  You have to accept it from the 16th because the tenants are not obliged to wait till the 1st before giving notice and you would then charge for the one month from there (This is how I would view it personally).

GLS is correct, the tenant's statutory right is to give one month's notice

If you both agree to terminate on the 16th, then there is nothing illegal about it. You're mutually surrendering the tenancy.

What does the tenancy agreement say about notice? If the tenancy hasn't gone periodic then the notice period stated on the agreement will apply. Lots of agreements specify that the notice from landlord or tenant has to end on the final day of a rental period. Having said all that most landlords are flexible about dates if tenants give them sufficient notice of their intentions..