A tenant gives 21 days' notice to end a periodic tenancy, but the landlord believes 28 days' notice is required. The tenancy agreement states 28 days. What is the correct notice period?

Option B: 28 days as stated in the agreement

Option B is incorrect because tenancy agreement clauses cannot override statutory protections in the Residential Tenancies Act. While the agreement may state 28 days, this contractual term is void to the extent it conflicts with the Act's 21-day requirement. The law specifically prevents landlords from imposing notice periods longer than the statutory minimum on tenants, ensuring consistent protection regardless of individual agreement terms.

Option C: 14 days as a compromise

Option C is incorrect because there is no legal basis for a 14-day compromise period. The Residential Tenancies Act sets specific notice periods that must be followed - 21 days for tenants ending periodic tenancies. Courts and the Tenancy Tribunal don't create arbitrary compromise periods when disputes arise; they apply the statutory requirements as written in the legislation.

Option D: 35 days as penalty for confusion

Option D is incorrect because there is no penalty system for confusion about notice periods, and 35 days has no basis in law. The Residential Tenancies Act provides clear, specific notice requirements that apply regardless of misunderstandings. Penalties in tenancy law relate to breaches of obligations, not confusion about legal requirements, and any penalty would need specific statutory authority.