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Thomas
Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 7473
Experience:  BA (Hons), PgDip, Practising Solicitor
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Our periodic tenancy is monthly. The rent falls due on 5th

Customer Question

Our periodic tenancy is monthly. The rent falls due on 5th each month. We made our landlord aware we were looking to buy a house some months ago. We have just found and are in the process of buying a house. Due to the circumstances of the sale - the vendors lost their previous buyer at the last minute - we have had to agree to a 28 day exchange. The earliest we could have given notice to quit the tenancy was 7th November, which we did. This is 2 days into the new "period". The landlord is refusing to accept our offer to pay the additional 2 days of the next month so that he isn't out of pocket. Nor will he accept a compromise offer to pay up to 13th of next month, which is when he says is the first time the letting agency informed him, thus still giving a month's notice. We are faced with the prospect of having to pay up to January 4th, when we need to leave on 7th December. What is our legal position here?
Submitted: 1 year ago.
Category: UK Property Law
Expert:  Thomas replied 1 year ago.

Hi

Thank you for your question and patience, I’m Tom and I’ll try to help you.

Unfortuantely, your position is not good. If it is the case that your periodic tenancy runs from 5th of a month to the 4th of the next month then legally you can only end the tenancy by serving one month’s notice with such notice to expire at the end of the rent period on the 4th of a given month.

The landlord is under no legal obligation to accept any lessor notice period or other form of compromised monetary payment to accept that the tenancy is ended earlier.

Your only legal right here is to serve a correct notice which is a month in length and ends of the 4th of a month, which means that the earliest notice you could now serve would give a notice period of 5th December to 4th January and you would have to pay the rent for this period.

If you did not give this notice or did not pay the rent for the notice period then the landlord would have the option of suing you at county court for a money judgement on the rent that you would have paid throughout the correct notice period. This would be a CCJ and it would affect your credit rating, so you should avoid this.

I know this is not the answer that you wanted, but it’s important that you know your correct legal position so that you do not prejudice yourself further.

My goal is to provide you with a good service. If you feel you have received anything less, please reply back as I am happy to address follow-up issues specifically relating to your question.

Kind regards,

Tom

Expert:  Thomas replied 1 year ago.

Hi

Is there any further information you require?

I just want to ensure that you are satisfied, so please let me know if you have any further queries on the information I have provided. If you have no further questions then please do leave feedback.

Kind regards,

Tom

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