Section 49 Requirements for notice to be given by tenantI1

(1)

A notice fulfils the requirements referred to in section 48(1) if—

(a)

it is given—

(i)

freely and without coercion of any kind,

(ii)

after the tenant begins occupying the let property,

(b)

it is in writing, and

(c)

it states as the day on which the tenancy is to end a day that is after the last day of the minimum notice period.

(2)

A notice is to be regarded as fulfilling the requirements referred to in section 48(1), despite its not complying with the requirement described by subsection (1)(c), if the landlord agrees in writing to the tenancy ending on the day stated in the notice.

(3)

In subsection (1)(c), “the minimum notice period” means a period which—

(a)

begins on the day the notice is received by the landlord, and

(b)

ends on the day falling—

(i)

such number of days after it begins as the landlord and tenant have validly agreed between them, or

(ii)

if there is no such valid agreement, 28 days after it begins.

(4)

An agreement as to the number of days after which a minimum notice period ends is invalid for the purpose of subsection (3)(b)(i) if the agreement—

(a)

is not in writing, or

(b)

was entered into before the tenancy became a private residential tenancy.

(5)

In a case where two or more persons jointly are the landlord under the tenancy, references in this section to the landlord are to any one of those persons.

Annotations

Commencement

I1: S. 49 in force at 1.12.2017 by S.S.I. 2017/346, reg. 2, sch.

Notes on Part 5

Modifications

C1: Pt. 5 excluded by 2002 c. 29, s. 269A(5) (as inserted (27.4.2017 for specified purposes, 31.1.2018 in so far as not already in force) by Criminal Finances Act 2017 (c. 22), ss. 29(5), 58(1)(6); S.I. 2018/78, reg. 3(l))