Q&As

Where the period of a statutory periodic tenancy runs from 1st to 31st of each month, would the tenant’s notice to quit need to expire on the 31st of the month, being the end of a period of the tenancy?

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Produced in partnership with Helen Galley of XXIV Old Buildings
Published on LexisPSL on 27/02/2018

The following Property Disputes Q&A produced in partnership with Helen Galley of XXIV Old Buildings provides comprehensive and up to date legal information covering:

  • Where the period of a statutory periodic tenancy runs from 1st to 31st of each month, would the tenant’s notice to quit need to expire on the 31st of the month, being the end of a period of the tenancy?

Where the period of a statutory periodic tenancy runs from 1st to 31st of each month, would the tenant’s notice to quit need to expire on the 31st of the month, being the end of a period of the tenancy?

It has been assumed this Q&A refers to a residential tenancy.

A statutory periodic tenancy comes into existence at the end of a contractual fixed-term tenancy which is protected by a statutory regime which provides security of tenure, usually an assured shorthold, but possibly an assured tenancy (under the Housing Act 1988 (HA 1988)) (see: Assured and assured shorthold tenancies—overview for more information). The original contractual tenancy may specify a particular length of notice to quit which the tenant must give if they wish to bring the tenancy to an end. The security of tenure provisions and the restrictions on terminating a tenancy to which HA 1988 applies do not apply to tenants. The general law applies so that the tenant can depart at the end of the contractual term, or at a later date on giving notice.

The tenant is, however, bound by the terms of the contract they entered into during the term of the contract and so if the

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