SQE Leasing and tenancy question: flat in Aberdeen and the landlord accepted rent

EAA SQELeasing and tenancy

After her fixed term ended, Ms Yip stayed on in her flat in Aberdeen and the landlord accepted rent from her monthly, payable on the 1st of each month. No new term or notice period was agreed. The landlord now wants her to leave. What does the common law require?

A A notice to quit of at least three months, as the tenancy is domestic
B No notice, because a monthly tenancy ends automatically each month
C A Transitional Termination Notice of at least twelve months' length
D A notice to quit of at least one full monthly period of the tenancy

Show the answer and explanation

Answer: D. A notice to quit of at least one full monthly period of the tenancy

Answer: A notice to quit of at least one full monthly period. Accepting monthly rent created a monthly periodic tenancy. Why not the others: - Three months: no special domestic period applies to a post-2004 periodic tenancy; the notice follows the rental period. - Ends automatically: a periodic tenancy continues indefinitely until a valid notice to quit is served. - TTN: TTNs apply only to certain domestic tenancies that existed before 9 July 2004. Rule: A periodic tenancy is ended by a notice to quit of a full period, measured by the period for payment of rent; either party may give it, and giving it is not a breach. Source: EAA, A Study Guide to Estate Agency Law and Practice, Part 7, paras 6 and 36; RVD, A Summary Guide on the Landlord and Tenant (Consolidation) Ordinance (last updated 7 Dec 2018), Q4; as at Oct 2026

Common mistake

Thinking a periodic tenancy expires by itself, or that a domestic one needs a longer statutory notice.

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An original question written to the published SQE syllabus. Figures in the explanation carry their effective dates; check them against the current law before relying on them. Independent exam practice. Not affiliated with or endorsed by the Estate Agents Authority (EAA) or the examination administrator.