Notice to Leave
Tenancy Types and Management

Tom39
Tom39
13 Thanks
315 Posts
3 years ago
0
Dear Advice Team,

One of our tenants (housed under NRLA Deposit Guard Tenancy Agreement May 2019 Edition) has - over a period of many months - successively given us notice to leave (with a specified move-out date but never with the full one month's notice that Agreement specifies) and then withdrawn it.

The latest two cycles - as evidenced from our WhatsApp logs - is as follows:

03/03/21 Notifies that she will move out on 26/03
04/03/21 Withdraws previous notice to leave
10/03/21 Notifies that she will move out on 27/03 "for real this time"
15/03/21 Reiterates that she will move out on 27/03 but apparently believing that her notice on 03/03 is still valid

Our assumption is that we would be entitled to take her notice to leave as 10/03 (and not 03/03) and that we would be entitled to deduct sufficient monies from her deposit to give us one full month's paid rent to 09/04 (ie including the period 28/03 to 09/04 in lieu of notice).

Our assumption is that even had a full month's notice been given, an actual move-out day should be ON or BFORE the expiry of any notice to leave (in the above case 27/03), for the tenant to avoid incurring an extra day's liability to rent.

Are these assumptions correct?

Forum advice most welcome.

Please Login

You must be logged in to participate in our forums, to continue please login below.

Not a member? From only £99 you can join in the discussion and get access to member's only resources and services.

As the home for landlords, the NRLA are here to help you save time, save money, and stay compliant. NRLA membership gives you access to a vast range of expertise, resources, and exclusive member benefits and savings, designed to help and empower members. We also play a pivotal role in campaigning and championing the interests of landlords.