Notice of Termination of Tenancy

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Thismessage follows discussions yesterday with Brian.

I am trying to establish - specifically - the location of the legilsation that dterminies how a tenancy is terminated by tenant and/or landlord. This is normal termination notice during the intial period or after the initial period and during a periodic tenancy.

I have been refrred to the Protection from Eviction Act of 1977 Section 5 that says that the Landlord and/or Tenant must give not less than 4 weeks notice to end the tenancy.

This does not accord with thwe RLA AST Agreement (and others) where it says that the Landord must give 2 months notice and the tenant must give one months notice. Additionally, the RLA agreement (and others but not always) also says that the date of termination must also be the last day of a rental period.

I have a number of issues here:

1. The RLA Agreement uses the word 'month' whilst the Act I have been referred to says not less than 4 weeks.

2. The RLA Agreement says that the Landlord must give 2 months notice whilst the Act I have been referred to says it's the same for landlord and tenant.

3. The RLA agreement says the termination must come into effect on the last day of a payment period whilst the Act does not specify such.

I have that feeling that there must be legislation somewhere that ties it down better and more recently than a 1977 Act. I think it unlikely that the RLA use the word 'monthly' (which can vary from 28-31 days) whilst the 1977 Act - to which I was referred by Brian and others - is much more specific at 'not less than 4 weeks'.

Please advise. I have a tenant who I think gave the wrong notice but I need to be able to refer him to the appropriate legislation.

Regards, Richard

30/11/2010 00:00

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