How would you work out if you moved out 3 weeks into a month but paid for a calendar month? - HotUKDeals
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How would you work out if you moved out 3 weeks into a month but paid for a calendar month?

ryouga Avatar
6y, 3m agoPosted 6 years, 3 months ago
My friends contract has ended but he forgot to give notice till the week before the end of contract but landlord expects a full months rent which is £80

My friend isnt happy about this and LL is basically hinting that they would like them to leave earlier since the LL is wanting to go on holiday for 2 weeks on Saturday.

My friend wants to leave before end of notice anyway since the only reason he is staying is that if he left he would be liable for rent till end of notice which he cant afford to pay for 2 properties but already has another place and can move in anytime and what he has can be fit into the back of a car.

My friend has already paid £300 towards the £380 but the LL wants the other £80 but my friend was thinking of dividing the £380 by 31 days then the 8 days that he isnt liable for not paying but LL isnt accepting this.
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ryouga Avatar
6y, 3m agoPosted 6 years, 3 months ago
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#1
Your friend screwed up and should pay his bleedin debt
#2
Put yourself in the landlords position.
#3
If you have to give a full month's notice, then you have to give a full month's notice. Where's the question?
#4
He is liable for whatever the contract states, if the contract states a notice period that is.. which im sure it will.

Likely scenario:
Tell him to read the contract
*finds that he has to give x amount of notice*
Tell him to man up and deal with his error.
#5
Penny Saver
If you have to give a full month's notice, then you have to give a full month's notice. Where's the question?


I think you are misunderstanding.

He has given a months notice which runs out on the 20th but landlord wants paid till the 28th since he moved in on the 28th Feburary.
#6
ryouga
Penny Saver
If you have to give a full month's notice, then you have to give a full month's notice. Where's the question?


I think you are misunderstanding.

He has given a months notice which runs out on the 20th but landlord wants paid till the 28th since he moved in on the 28th Feburary.


No - I think YOU are misunderstanding, if it's A CALENDAR MONTH'S notice, then IT'S A CALENDAR MONTH'S NOTICE, not a month by any other calculation. I've not read the contract though...
#7
Penny Saver
ryouga
Penny Saver
If you have to give a full month's notice, then you have to give a full month's notice. Where's the question?


I think you are misunderstanding.

He has given a months notice which runs out on the 20th but landlord wants paid till the 28th since he moved in on the 28th Feburary.


No - I think YOU are misunderstanding, if it's A CALENDAR MONTH'S notice, then IT'S A CALENDAR MONTH'S NOTICE, not a month by any other calculation. I've not read the contract though...


No the notice is 30 days not a calendar month or so his contract says.
#8
ryouga
Penny Saver
ryouga
Penny Saver
If you have to give a full month's notice, then you have to give a full month's notice. Where's the question?


I think you are misunderstanding.

He has given a months notice which runs out on the 20th but landlord wants paid till the 28th since he moved in on the 28th Feburary.


No - I think YOU are misunderstanding, if it's A CALENDAR MONTH'S notice, then IT'S A CALENDAR MONTH'S NOTICE, not a month by any other calculation. I've not read the contract though...


No the notice is 30 days not a calendar month or so his contract says.


Then so long as he's served 30 days he's cool. Did he serve his notice in writing? If so, move out on previously specified day, leaving the place spic and span and cross your fingers for the deposit back.
#9
Penny Saver
ryouga
Penny Saver
ryouga
Penny Saver
If you have to give a full month's notice, then you have to give a full month's notice. Where's the question?


I think you are misunderstanding.

He has given a months notice which runs out on the 20th but landlord wants paid till the 28th since he moved in on the 28th Feburary.


No - I think YOU are misunderstanding, if it's A CALENDAR MONTH'S notice, then IT'S A CALENDAR MONTH'S NOTICE, not a month by any other calculation. I've not read the contract though...


No the notice is 30 days not a calendar month or so his contract says.


Then so long as he's served 30 days he's cool. Did he serve his notice in writing? If so, move out on previously specified day, leaving the place spic and span and cross your fingers for the deposit back.


He sent an email and sent a letter recorded delivery.
#10
So he's moving out the day his 30 day notice period ends... I don't think the LL has any right to request any additional payment. Move out, clean up, cross fingers. What reason has the LL got for requesting additional payment?
#11
Penny Saver
So he's moving out the day his 30 day notice period ends... I don't think the LL has any right to request any additional payment. Move out, clean up, cross fingers. What reason has the LL got for requesting additional payment?


They want payment for a calendar month as thats how rent is paid not 100% clear on how that works myself since the rent is due on the 28th of each month for £380 but since the notice was issued 8 days before end of contract the LL still expects rent paid for a calendar month despite the contract ending before the calendar month ends.
#12
Well, if it were me... As long as you've paid up to date, and served the proper notice, you need to calculate a daily rate of rent for the final calendar month (there are two ways of doing this, I'd have to go with the one that benefits the landlord (total annual rent divided by days in year OR calendar month's rent divided by days in same month) then multiply that figure by the number of days in the same calendar month that he will be in the property. Be sure the proper notice has been served, and you'll be fine. Personally though, I doubt it's a significant difference in rent, and the LL will only find another way to screw you if you don't cough up. If you want the stress and fight that looks to be coming if you don't pay for the addition week, then stick to your guns and play by the book - if you'd rather it was all cleared up and finished amicably, and stand a better chance of getting any of the deposit back, pay the rent. The landlord doesn't have any grounds to demand the extra rent, so it's up to you. Or your friend.
#13
PS: It may state in the contract that 30 day notice is required beginning from a certain day - read it thoroughly. This may mean that the 30 days is almost always at the end of a calendar month (I'm really not sure about that though).
#14
Penny Saver
Well, if it were me... As long as you've paid up to date, and served the proper notice, you need to calculate a daily rate of rent for the final calendar month (there are two ways of doing this, I'd have to go with the one that benefits the landlord (total annual rent divided by days in year OR calendar month's rent divided by days in same month) then multiply that figure by the number of days in the same calendar month that he will be in the property. Be sure the proper notice has been served, and you'll be fine. Personally though, I doubt it's a significant difference in rent, and the LL will only find another way to screw you if you don't cough up. If you want the stress and fight that looks to be coming if you don't pay for the addition week, then stick to your guns and play by the book - if you'd rather it was all cleared up and finished amicably, and stand a better chance of getting any of the deposit back, pay the rent. The landlord doesn't have any grounds to demand the extra rent, so it's up to you. Or your friend.


Well it would probably be about £100 difference of top of my head so a big difference for friend or LL.

I do blame my friend for the fact that he forgot to hand in notice and also he took about 10 days to actually send notice off so could of left by now if he originally did it when he first thought of it and he texted landlord to say he wanted to move so LL knew that my friend wanted out soon as possible but LL didnt start notice until it was recieved which I suppose is fair but not very understanding.
banned#15
just pay up and stay until the 28th then - simple init?
#16
Your "friend" should really be asking someone other than you for advice, as you are not the person who can even sort out his own(very similar) housing situation.

Notice periods
#17
I think your friend might not understand what the LL is asking for, you need to give your notice to allow one month from your next rent day. The contract hasn't ended, it has just turned into a periodic AST.

Edited By: pghstochaj on Sep 09, 2010 06:57: Spelling
#18
pghstochaj
I think your friend might not understand what the LL is asking for, you need to give your notice to allow one months from your next rent day. The contract hasn't ended, it has just turned into a periodic AST.


This.

It works both ways ... LLs have to follow the same rules if serving notice on a tenant.

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