Rental payment before leaving

wenasma

I pay my rent in advance on17th of every month
I gave notice to leave on 29th April to leave on 29th may
Do I pay full month rent or just remaining days I'm there
My landlord says I need pay full month as its in advance of month and it's my choice to leave before end of month
Who is right

fishpond

What dates does your tenancy run from/to, according to your ast contract?
Are you in England, Scotland, wales or somewhere else?

Pixie5740

As fishpond says, we need more information.

It's the date your tenancy started, not the date you pay your rent that is important. Notice from 29th April to 29th May is unusual regardless of what part of the UK you are in because that's 1 month and 1 day.

We need to know:

Where you are; Scotland, Northern Ireland, England or Wales

Date tenancy started

Length of tenancy

unforeseen

Assuming it is on a periodic then the fact that it doesn't align with the tenancy dates is immaterial.

The notice is at least one tenancy period AND because the LL has already accepted the notice to quit as it stands then there is no requirement for it to align with start/end tenancy periods

antrobus

wenasma wrote: »

I pay my rent in advance on17th of every month
I gave notice to leave on 29th April to leave on 29th may
Do I pay full month rent or just remaining days I'm there
My landlord says I need pay full month as its in advance of month and it's my choice to leave before end of month
Who is right

The landlord I suspect.

As a matter of law, rent payable in advance is not subject to apportionment. Except when the tenancy ends as a result of a s21 notice, and that's quite a recent change.

Pixie5740

Tenancies do not end when a Section 21 expires.

AnnieO1234

The way I read it is that you've technically given 6 weeks notice and intend to leave before the end of that notice (to coincide with rental periods). You owe the full final month.

Xxx

G_M

wenasma wrote: »

I pay my rent in advance on17th of every month
I gave notice to leave on 29th April to leave on 29th may
Do I pay full month rent or just remaining days I'm there
My landlord says I need pay full month as its in advance of month and it's my choice to leave before end of month
Who is right

As others have said - more information needed. However, assuming:

1) the tenancy is in Eng/Wales, and
2) is monthly periodic (rolling), and
3) each period runs from 17th to 16th of each month (not necessarily the same as rent payment date), and
4) notice was served on 29th April

then the tenancy will end on 16th June (since a full tenancy period is required, in this case 17th May to 16th June).

Rent is therefore due till 16th June.

Of course, if the landlord and tenant agree something different (eg to end the tenancy on 29th May and for rent to be charged pro rata), then that is fine.

Get such an agreement confirmed in writing.

wenasma

I live in Wales.
I have had tenancy for one year.
My contract started on 17th of August 2015
And my rent is paid in advance on 17th of every month
I gave written notice to leave on 29th April and want leave 29 May
Do I pay just for 12 days into May from 17th or full months rent?
I have withheld rent this month due to this situation and now landlord says I'm in breech of contract and won't get deposit back

Voyager2002

wenasma wrote: »

I live in Wales.
I have had tenancy for one year.
My contract started on 17th of August 2015
And my rent is paid in advance on 17th of every month
I gave written notice to leave on 29th April and want leave 29 May
Do I pay just for 12 days into May from 17th or full months rent?
I have withheld rent this month due to this situation and now landlord says I'm in breech of contract and won't get deposit back

Your landlord is correct.

Your month's notice can only begin on the next 17th of the month, since that is when the contract began. Since you gave notice on 29 April, the month began on 17 May, so you are obliged to pay up to 16 June.

In any case, witholding your rent is a major breach of your tenancy contract and usually puts you in the wrong in the eyes of the law, unless your landlord has done something very serious to you.

HappyMJ

wenasma wrote: »

I live in Wales.
I have had tenancy for one year.
My contract started on 17th of August 2015
And my rent is paid in advance on 17th of every month
I gave written notice to leave on 29th April and want leave 29 May
Do I pay just for 12 days into May from 17th or full months rent?
I have withheld rent this month due to this situation and now landlord says I'm in breech of contract and won't get deposit back

Full months rent.

You can leave 29 May if you would like and hand the keys back on that day but as you've not given quite enough notice you'll have to pay the rent up to 16 June.