Calculation of rent for the notice period

[erikwong 10]

Hi there,

 

Very much appreciate comments and feedback on the following two questions.

 

1. I have a fixed term lease with a two months notice period. The lease has already been served through the fixed term. I am now terminating the lease. If I serve my notice on 12 March 2013, would the rent for the remaining lease period be calculated for up to 11 May 2013, or up to 12 May 2013?

 

2. If there a dispute on how the rent is calculated, which organisation can the tenants approach for free advice?

 

Thanks very much for your help!

 

Regards,

 

Erik

[Jeffrey Shaw 90]

1. By 'lease' do you mean 'Assured Shorthold Tenancy' (AST) [under the Housing Act 1988]?

2. If so, and the fixed term has already expired, your T has a statutory periodic tenancy (SPT).

3. The SPT began on the day after the AST's fixed term ended.

4. Do you envisage serving Notice under s.21(4)(a) on T?

[erikwong 10]

Jeffrey, many thanks for your quick reply and questions. With apologies I unfortunately do not know the technicality of the terms you mentioned. It is a lease on a residential property with a two year term and four months break clause by giving two months notice. The terms of the lease is from 5 November 2011 to 4 November 2013. The lease stated that tenent shall have the right to terminate the lease after four months "by giving two months advance notice of the tenant's intentionto terminate the lease agreement early". I served the notice on 10 February 2013. The letting agent believes my lease obligation ceases on 10 April 2013, while I think my obligation ceases on 9 April 2013. Not sure which one is right hence the question. Please do let me know what other input you look for to form a view. Thank very much again.

 

Regards,

 

Erik

 

---------- Post added 13-03-2013 at 18:01 ----------

 

Jeffrey, if I may add to clarify, I am a tenant of the property in the case above. Apologies for the confusion. Thanks again for your comments.

 

Erik

[Edie 10]

Hi, If a two month notice is required then it would end on the 9th, not the 10th. If it ended on the 10th then you'd actually be giving 2mths and 1 day notice. Take a simpler example of a tenancy starting on the 1st of the month, if 1 mths notice is required and you served it on the 1st, then it could end on the 28th, 29th, 30th or 31st depending on what month it is. That would mean that the landlord could be getting anything from 28 days notice (if it's in feb) or 31 days (most other months of the year). In your case, serving it on the 10th a months notice takes you to the 9th or the following month.

 

However, I'm more surprised that they're not holding you to serving notice in line with your rental period i.e, serving your notice on the 5th to expire on a 4th. That would be in line with notice to quit requirements.

 

Hope I've not completely confused you?!

Carrie

[erikwong 10]

Thank you Edie. The termination clause did not specify serving notice in line with the rental period. Besides, I think this requirement (which is S 21 (4) (a) as rasied by Jeffrey) is applicable only to landlord?

 

Again, thank you Edie for sharing your thought. I need to see how I can get this matter adjudicated.

 

Regards,

 

Erik

[Eckolad 10]

there is no way to get this matter ajudicated. it isn't relevent, its down to your contract as what Jeffrey says

 

 

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[erikwong 10]

Thanks Eckolad. If I would like pursue further on this, is there any non-profit organisation that I can approach with an objective to get a third party view on this?

 

Regards,

 

Erik

[FORE 12]

I believe you have given 2 months notice, 9th April being that last day required. You should not be expected to pay for 10 April or further.

 

There should be no reference to notice ending the day before the rent is due as you are not in the 'Periodic' part of your contract. This would occur after the end of the fixed term, assuming you wanted to stay AND had not already received 2 months notice from the landlord.

[Jeffrey Shaw 90]

Thank you Edie. The termination clause did not specify serving notice in line with the rental period. Besides, I think this requirement (which is S 21 (4) (a) as rasied by Jeffrey) is applicable only to landlord?

Yes. Post #1 asked which organisation can the tenants approach for free advice. I wrongly deduced that you weren't T; sorry!

 

You as T can use the break-clause option. You served Notice on 10 February. You're required to give two months notice- which means 'at least two months notice'- and it does not demand that the notice be given on any particular day (as long as at least four months of the fixed term have come and gone) nor that it expire on any particular day. So I cannot see any major problems in you agreeing 10 April so as to avoid further aggro; it's only one day, after all.

 

---------- Post added 14-03-2013 at 16:44 ----------

 

there is no way to get this matter ajudicated. it isn't relevent, its down to your contract as what Jeffrey says

I agree; and using a Court would scarcely be a good way to waste money on the point.

Edited March 14, 2013 by Jeffrey Shaw

[FORE 12]

Yes, what's the point of squabbling over 1 day.

Do agents really argue that the notice should be served before midnight of the first day of notice?

[erikwong 10]

Thanks for everyone's comments and thoughts. Really appreciate!!

 

What complicates the matter is that the tenancy agreement has a heading of AST while in the terms of the contract there is a break clause after four months without making reference to end of period terms. It seems that the estaet agent did not draft the contract properly at the time. I as a tenant only find out the AST issue this week when trying to understand my position.

 

As a tenant, I naturally would not like to spend anymore rent than I should. Intuitively, I believe it is reasonable that my lease obligation should cease at the end of the notice period. However, the estate agent insists my obligation ceases the day after the notice period just because it is the company's policy.

 

If I maintain my position and do not pay the rent for the extra day, I fear the landlord will withhold my deposit and my credit profile will be affected. I do appreciate it is just a day's rent though there is a matter of principle involved. I am somewhat frustrated that as a consumer, I have very limited resource to continue to fight with the estate agent (which is nationwide network). So I could be pushed against what I believe because I do not have the means to fight back short of spending money on lawyers, etc.

 

I have checked with various tribunals and it seems they mostly deal with deposit issues rather than rental disputes. It will be helpful if you can suggest any non-for profit organisation or legal aid that can help to resolve this issues.

 

Of course, any other advice to this stubborn head here will be very welcomed! Many thanks for reading this!

 

Regards,

 

Erik

[Eckolad 10]

Legal aid?, tribunal? Are you having a laugh,

 

Its just a days rent, how out of proportion are you taking this.

 

GET A GRIP!!!!!!!!!!!