Confusion over notice period for lodger (me)

GoodnessGraciousMe

Hi,


I live with my landlords and pay my rent on the 1st of the month for the calendar month.


When I first moved in, it was part way through the month so I paid a pro-rated amount for the remainder of the month then paid the full calendar rent on the 1st of the month.


Anyway, we have an informal agreement whereby we agreed on the initial rent to be paid per calendar month and the notice period of one month, via email.


Now, when I agreed to this I was of the understanding that one month meant just that, i.e. 30/31 days and not one calendar month as I would never have agreed to a calendar month's notice as it would make it very difficult to tie up dates of leaving/moving into a new houseshare. My landlords think otherwise.


In my line of work, there is a clear differnce between one month and one calendar month. I am not trying to get out of my responsbilities at all. I just know what I signed up for and have clearly differentiated in my emails to them before I moved in the difference between one months notice and one calendar months rent.


What is your opinion?

AnotherJoe

Not sure I understand (Ok, I am sure I dont understand ) so for clarity;
Are you saying a notice period of a month might be, its 15th June and they ask you to leave by 1 July?
Or do you always want it to be 1st of the month, eg if they give notice (say) 15th June, it has to be 1st July you leave by?
Or if giving notice on 15th June are you expecting 15th July?

As you are a lodger your rights are minimal anyway so it can be pretty much whenever they want.

Pixie5740

I would say that 1 months notice would be 1 month. For example if you gave notice today you'd move out by 2nd July. Are your landlords saying you'd need to pay up to 31st July?

GoodnessGraciousMe

Sorry for any confusion.

It's me that wants to leave not them. They think that one month means one month after my next rent payment. I.e. one whole calendar month.

I think one month means if I give my notice on 4th June then I can leave on 4th July. They did not specify one calendar months notice. They are saying that as I pay on the 1st of the month for the calendar month this implies that my notice needs to tie in with that.

GoodnessGraciousMe

Yes they are. Absolute rubbish.

Pixie5740

I'd say they are wrong unless you have a written contract with them describing notice as they think it works.

4th June to 4th July is 1 month + 1 day. 4th June to 3rd July is 1 month.

GoodnessGraciousMe

Well they want me to pay rent to 31st July as that would be one whole calendar month. Sigh.

AnotherJoe

GoodnessGraciousMe wrote: »

Yes they are. Absolute rubbish.

Always a good idea to quote the post you are replying to as its not clear what you think is "absolute rubbish"

I would say one month as you described then is one month from the day, which makes it tricky unless you can persuade them to your way of thinking (which makes sense to me as you paid pro rata for the initial period) as they have their own different definition to you plus they have your deposit.

I think this may have to be live and learn and move out end of a calendar month.

Pixie5740

GoodnessGraciousMe wrote: »

Well they want me to pay rent to 31st July as that would be one whole calendar month. Sigh.

Yes but what do you have in writing from them?

You didn't have to wait and move in on the 1st of the month so I don't see why you have to pay rent until 31st July. I'd just give them a months notice, move out 2nd June (or whatever is 1 month after the date you give notice) and if they try to keep any of the deposit file a Money Claim.

GoodnessGraciousMe

Sorry. I thought I did include the quote. Looks like it won't allow me to quote. Lol

I didn't pay a deposit. Like I said very informal arrangement. They are two sisters who are friends of friends.

All I was asked was to give one months notice to leave; this was agreed via email. Nothing else was said.

pmlindyloo

Usually in this case there would need to be a clear written statement of whether it is a calendar month or a month.

You could argue that it was a month not calendar month as the word calendar wasn't used.

However, looking at various websites it seems to suggest that notice to leave in the absence of a clear written agreement would tie in with the rental term - ie, a calendar month.

Unless you went to court (or your LL did) then there is no way of knowing which way it would go.

So, best solution is negotiation over tea and cake (as G_M would say)

The difficulty is that they have your deposit and could easily just deduct what they think you owe from that.

Try negotiating in a polite friendly way saying that you will have to start paying your new rent immediately. Does the LL intend to rent your room out when you have gone? Might be able to 'persuade' them to allow the month rather than calendar month if you make things easy by allowing new lodger access to room so they can take over immediately you leave.