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Thomas
Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 7602
Experience:  BA (Hons), PgDip, Practising Solicitor
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Dear Sirs/Madam, There is a tenant who has left today after

Customer Question

Dear Sirs/Madam,
There is a tenant who has left today after only informing myself, the landlord, yesterday.
As stated on The Tenant's signed contract, The Tenant must give 30 days Notice To Quit.
However The Tenant made a mistake and email that less than 30 days (as a proved email shows) as well as emailing it to a wrong address. The Tenant had admitted this mistake.
My question is does The Tenant need to still pay for this month's rent?
Yours Sincerely
Mr Wilson
Submitted: 1 year ago.
Category: UK Property Law
Expert:  Thomas replied 1 year ago.

Hi,

Does the tenant occupy the property under an assured shorthold tenancy agreement?

If so, please state the fixed term of the tenancy.

Tom

Customer: replied 1 year ago.
The Tenant has a AST.'24th August 2015 to and including 23rd February 2016.'
This has continued as a rolling contract.
Expert:  Thomas replied 1 year ago.

Hi

Thank you for your question and patience, I’m Tom and I’ll try to help you.

The law on statutory periodic tenancys governs this and takes precedence over any contrary stipulations in the actual written tenancy.

Because the tenancy is now a statutory periodic tenancy the tenant must give one months notice in writing with such notice to expire at the end of a rent period.

So if either:

- the tenant has given less than a month’s notice then the notice is not valid, OR

- the notice does not expire at the end of a rent period (ie. 23rd of the month as far as I can tell) OR

- the tenancy does not specifically state that they may give notice by email

..then the tenant’s current notice is not valid.

This means that they would be bound to pay the rent from now until the a new expiry date contained in an entirely new and valid notice (which is what they must now serve).

So, yes, it sounds like your tenant will have to pay this months rent as well as the rent up until the expiry date of a new notice which they serve correcting the errors of their previous notice.

I am sorry.

My goal is to provide you with a good service. If you feel you have received anything less, please reply back as I am happy to address follow-up issues specifically relating to your question.

Kind regards,

Tom

Expert:  Thomas replied 1 year ago.

Hi

Is there any further information you require?

I just want to ensure that you are satisfied, so please let me know if you have any further queries on the information I have provided. If you have no further questions then please do leave positive feedback.

Kind regards,

Tom

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