What is a calendar month's notice?

[Jamberson]

Hi.

 

Please can someone help clarify something for me.

 

I rent my home on an Assured Shorthold Agreement. I want to move out, and will take on the new place around the start of Feb.

 

I was planning to hand my notice in to my current landlord and note that the agreement says:

 

"The tenant shall be entitled to terminate this tenancy by giving notice to the landlord as follows:

 

1 The notice can be served at any time during the extended period [which I am in]

2 The period of the notice to be a minimum of one calendar month

3 The notice period will expire on the last day of a period of the tenancy

 

So, if I were to serve notice tomorrow, Jan 14, would the soonest I could stop paying rent be Feb 13 (a calendar month from now), or Feb 28 (which is in fact the day the rent is due)?

 

Many thanks.

[BRIGADIER2JCS]

Calendar month eg January 31 days so includes weekends and holidays.

Meaning I think you should give notice at the end of a month.

[Jamberson]

Calendar month eg January 31 days so includes weekends and holidays.

Meaning I think you should give notice at the end of a month.

 

Thanks for the reply. I can give my notice now, which I want to do, as I want to end this tenancy as soon as possible.

 

As you see it, it will have to be with a view to terminating on the last day of February? You don't think the agreement means 31 days from the day notice is served?

[BRIGADIER2JCS]

Calendar month can be 30 days 31 days and Feb 28 29 days, speak to the landlord or agent, you will want to avoid paying extra rent,the LL may be flexible.

[Conniff]

I don't know why they call it a calendar month, there isn't any other sort of month.

[Jamberson]

Calendar month can be 30 days 31 days and Feb 28 29 days

 

Yep, I get that. But I'm not asking about how long a calendar month is - I am concerned with when the clock starts. Is it when I serve notice, or at the start of the following month (February), or at the point at which I pay my next rent.

[BRIGADIER2JCS]

On the day you pay the rent serve the notice, keeps it simple.

[Jamberson]

I do appreciate your replies, but maybe I'm not making myself clear.

 

I don't want to make things simple - I want to terminate the tenancy as soon as I can.

 

I want to hand my notice in now. I am trying to clarify whether I will be liable for rent until the end of Feb, or for another 31 days starting from when I serve notice (probably tomorrow).

[BRIGADIER2JCS]

As the Land lord or agent

[Jamberson]

Well, I'm asking here in the hope that someone might know.

 

The chances are the agent will just say whatever is in their interests and I'd sooner not be paying rent here for the whole of February if I'm paying at the new place.

 

Does anyone else know how the contract should be interpreted? To recap, it says,

 

"The tenant shall be entitled to terminate this tenancy by giving notice to the landlord as follows:

 

1 The notice can be served at any time during the extended period [which I am in]

2 The period of the notice to be a minimum of one calendar month

3 The notice period will expire on the last day of a period of the tenancy

[Lea_HTH]

Notice is a minimum of one month - and it has to end the day before rent is due (the last day of a tenancy period).

 

You state your rent is due on 28th Feb, but when is January's rent due? 31st? Or 28th?

 

You can serve your notice now if you wish, but you will remain liable for rent until 27th February - and you must have moved out on that day. If you stay until 28th, you will be liable for the rent that is due on that day too.

 

You cannot shorten this period as the requirement is set out clearly in your tenancy agreement (and in law).

[honeybee13]

I don't know why they call it a calendar month, there isn't any other sort of month.

 

Sorry to go off topic. Conniff, there are also lunar months I believe.

 

HB

[Jamberson]

Notice is a minimum of one month - and it has to end the day before rent is due (the last day of a tenancy period).

 

You state your rent is due on 28th Feb, but when is January's rent due? 31st? Or 28th?

 

You can serve your notice now if you wish, but you will remain liable for rent until 27th February - and you must have moved out on that day. If you stay until 28th, you will be liable for the rent that is due on that day too.

 

You cannot shorten this period as the requirement is set out clearly in your tenancy agreement (and in law).

 

Thanks. 28th of the month is rent day, so January rent is due on 28th.

 

So it looks like I'll be moving at the start of Feb and having to pay a full moth's rent here while it stands empty. Marvellous!

 

Thanks for clarifying.

[mariner51]

So your NTQ must be received by LL by 27 Jan latest. If posting, use First Class, get free Cert of Posrting from counter and allow 2 - 3 working working days for service (receipt). So last date for posting is 23 Jan (Sat & Sun don't count).

 

LL could accept early surrender and limit your rent liability to that date if you contact him & negotiate. You may want to terminate day before you occupy new place, but what if not ready? NTQ expiry date is not negotiable for SPT

[Planner]

Keep in minde that if your rent day is different than your tenancy start date, then you will need to serve notice on the start date rather than the rent date. So if your contract started on the 15th of the month but you pay rent on the 28th of the month, the 15th of the month would be the correct date for serving notices not the 28th.