Me, my flat and my date with destiny

Question: I am renting a one-bedroom flat. Originally I had a tenancy agreement for a fixed term of six months. Since the six months ended I have been renting the flat on a monthly basis but it has now been repossessed by a mortgage company and the management of the property has changed.

I have not entered into another tenancy agreement but I have continued to pay rent on the 28th of each month.

I want to vacate my flat and give six months' notice but the new management company has told me that the one month's notice I have to give must be from the date my rent is paid. Is this correct or can I serve my one month's notice at any stage of the month?

Answer: Since the expiration of your tenancy you have been paying your rent monthly and you have most likely been occupying the flat under what is known as a monthly periodic tenancy. Unfortunately, your property management company does have a point.

You must serve one full month's notice starting with the day on which you normally pay your rent and finishing on the day prior to the day on which you normally pay rent, which is the 28th of the month.

This means that if you serve notice to terminate on 20 February 2010 your tenancy will come to an end on 27 March 2010 and not 19 March 2010. At the end of the month's notice you must give vacant possession of the flat.

What's your problem?

If you have a question for Fiona McNulty, email legalsolutions@standard.co.uk. We regret that questions cannot be answered individually.

Fiona is a partner in the property team at Thring Townsend Lee & Pembertons Solicitors www.ttuk.com.