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Harris
Harris, Law Specialist
Category: Law
Satisfied Customers: 2725
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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We are on a month to month tenancy agreement. (It was a 6

Resolved Question:

Hi,
We are on a month to month tenancy agreement. (It was a 6 months' agreement but we are now on month 9, and it has turned into a month to month agreement according to the contract). We have to give 1 month notice if we wish to end the agreement. Could we give 6 weeks notice and pay 1.5 months in advance or will the landlord request us to pay a whole 2 months period?
We have asked the landlord but he says he will see... He is not sure and needs to check if there is any potential tenant wanting to rent the property before answering to us. Could you please tell us what are our rights?
Thanks
Submitted: 10 months ago.
Category: Law
Expert:  Harris replied 10 months ago.

Hi, thank you for your question. Legally you are required to give a minimum of 1 month notice if you pay rent on a monthly basis - therefore there is nothing stopping you giving 1.5 months notice and leaving after this time.

I hope this assists you. If you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for your question without a positive rating. Thank you.

Customer: replied 10 months ago.
Could you give us a reference (law, section, etc) that we can use to enforce this decision ( staying longer that 1 month after notice but not another whole month period) please?
Thank you
Expert:  Harris replied 10 months ago.

Can I double check that you are definitely on a monthly rent and not weekly?

Customer: replied 10 months ago.
Definitely month to month basis.
Thank you
Expert:  Harris replied 10 months ago.

Thanks - the legal statute states that your notice must end on the last day of the period, therefore if you would want to leave 1.5 months later, then notice period must end at the end of the second period and you would be liable for 2 months rent. What is the reason that you cannot give 1 month notice?

Customer: replied 10 months ago.
You are giving me an answer completely different than the first one. Why are you changing it now, or why did you answer so lightly in the first place? What do you mean with what is the reason why I cannot give a month notice? If you know anything about tenancy law, you must know that the notice must be given before paying the next period's rent. Therefore, if we need to stay 1.5 month, because we are moving, then we cannot give notice just one month before our moving date. We must comply with the minimum of 30 days period. Please give us a fair answer, as so far, your words have been everything but clear and helpful.
Expert:  Harris replied 10 months ago.

Apologies for the confusion. Please confirm when you intend to leave the property so that I can clarify the answer.

Customer: replied 10 months ago.
The month period finishes on 5th October, but I wish to leave on 12th or 19th (ideally: 2weeks later)
We need to pay our next period on Tuesday 6th September. I could pay the whole month plus the fraction of period required, if I have the right to remain in the property.
Thanks
Expert:  Harris replied 10 months ago.

Thank you. In that case you will be in a difficult position unless the landlord can explicitly agree for the short extension.

You must give at least 1 month notice which expires on the last day of a period - therefore if you give notice now, it can expire on 5 October. However, it cannot expire on the 12 or 19 October as this is prior to the last day of that new period of tenancy. If the landlord does not explicitly agree to the short extension at the current rent rate and your notice expires on 5 October, the landlord would be entitled to charge you double rent for each extra day you remain after the notice expires.

Customer: replied 10 months ago.
Could you please give us the reference (law, section, article) that states that the landlord can charge us double rent if we overstay our notice period? I need to be sure before making any decision.
Thank you
Expert:  Harris replied 10 months ago.

This is under Section 18 of the Distress from Rent Act 1773 - http://www.legislation.gov.uk/apgb/Geo2/11/19/section/18

I hope this has assisted you. If you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for your question without a positive rating. Thank you.

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