Tenant Wants to Leave

A periodic tenant intending to leave must provide a notice to quit in writing. The minimum notice period is four weeks (specified in section 5 of the Protection from Eviction Act 1977). The length of the notice should be at least the length of a rental period (subject to the four-week minimum rule and up to a maximum of six months). This will be a calendar month for a calendar monthly rental in most cases. Where the rent is quarterly, a quarter's notice is required, six-monthly or yearly requires six months' notice. The notice should always expire at the end of a rental payment period or the first day of a new period.
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The Corresponding Date Rule

This rule has been well established since the 1800s. The corresponding date rule determines how long a calendar month is when serving notices. The main question is, if a 2-month notice is served on the last day of November (30th) to expire in January, should it expire on the last day of January, or should it expire one day earlier on 30 January? There are also similar problems when a notice is served or expires on the last day of February. The corresponding date rule was explained by the House of Lords in Dodds v Walker (1981) 42 P. & C.R. 131. Although this case relates to a notice served under section 29(3) Landlord and Tenant Act 1954 by the tenant of business premises requesting a new lease, the principles of the corresponding date rule apply to all notices served, including possession notices. In this case, the landlord served on the tenant a notice terminating the tenancy dated 29 September 1978 and served on 30 September 1978. The tenant had under section 29(3) "… not less than two nor more than four months after the giving of the landlord's notice …." to apply for a new lease. ...

Related Forms

Tenant Notice to Quit to Landlord

If a tenant wishes to bring a tenancy to an end, they must give the landlord a notice to quit.

Mesne Profits - Damages for Use and Occupation Letter

This Word template is to notify the occupiers that payments received will be accepted as mesne profits and not as "rent".

Not Accept Invalid Notice to Quit Because Expires During Fixed Term

This template is notifying the tenant that the notice they have given is invalid because it expires during the fixed term and that the landlord does not accept the invalid notice.