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If I had a UK AST (Assured Shorthold Tenancy) agreement

  • Which was signed 1/6.

  • Saying a 6 month fixed term starts 27/6 (they possibly meant 27/5 as that was the move-in date, but unless it matters for the answer, as over a year has passed, assume they didn't).

  • Saying rent must be paid monthly, starting 1/8 (first month of rent was paid in advance; pro-rata payments for any "loose days" have been discussed informally).

Which day would be the last day in the month the Landlord could give notice after the 6 months had passed?

I think it is the "rent period", ie. the 1st (which incidentally is also the date it was signed), but I am slightly confused by the unusual fall of the dates in the agreement. Thank you.

  • Regardless of when it was signed, when the tenants moved in, or when the rent is due, what was the actual start date of the tenancy, as stated in the tenancy? – Steve Melnikoff Aug 18 '17 at 22:19
  • The fixed term started 27/6 according to the wording, so that would mean the 26th then as the last day in the month to give notice? – nsandersen Aug 19 '17 at 10:51
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A section 21 notice (requesting that the tenants leave) must give at least 2 months' notice, and you can't be asked to leave before the end of a fixed term. However, since October 2015, that notice doesn't need to coincide with a rent period, and cannot be issued in the first 4 months of the tenancy.

The tenancy began on 27 June with a 6-month fixed term. Hence the earliest that a notice could be given would be 27 October, to expire at least 2 months later.

Note that, assuming rent is paid monthly, the rent period begins on the day of the month when the tenancy starts (in this case, the 27th), regardless of when you're expected to pay it. It's not unusual for letting agents to require the rent to be paid on the first of the month regardless, with adjustments made at the start and end of the tenancy.

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