Seemingly odd tenancy break clause

Southeu

I'm living in a rented apartment and currently I'm exploring the possibility of moving to another place. At the time of signing I was aware that the wording of the break clause in the tenancy agreement seemed strange but was in no position to negotiate so I just signed (would be left without a place in a few days).

The clause:
Notice & Break Clause

The provision of Section 196 of the Law of Property Act 1925 as amended by the Recorded Delivery Service Act 1962 relating to the service of notices, apply to any notice authorized or required to be served under this Agreement or any Statutory Provision relating to the tenancy.

If the tenant wishes to serve one months notice to vacate the property then this must be served on the same date in the month as the tenancy start date, any notice served between due dates will not be accepted unless agreed by the Landlord. Tenants on a six or twelve months tenancy may not serve the notice until five months have elapsed.


My interpretation: The starting date of the tenancy was 27/08/2018, and rent payment is due every 27th. I gather that I must give notice exactly on the 27th of the month. This seems very odd to me as I would be happy to write a letter (give notice) saying I would leave the house on the 27th of the following month for example on the 20th of the previous month.

This arouses several questions as nothing else is written in the contract on giving notice:

1) I must give notice exactly (not before) on the 27th of the month. The exact day requirement is too stringent (not to mention nonsensical). Still, a trivial question arises - what happens if it is a bank holiday or a sunday?

2) From searching online I gathered that I must give notice in writing (not by email as it is not provisioned for in the contract). I can either deliver the letter by hand (and ask for a receipt) or post it using recorded delivery.

3) If I send the letter by post and it arrives earlier or later than the 27th can the the letting agency claim the notice is non-compliant with the contract?

4) I signed the contract with the letting agency - not the landlord (and don't have his/her address). Is addressing and posting the letter to the letting agency sufficient?

5) The intention behind the clause not accepting notice on a date prior to the 27th (the 26th for example) concerns me as the motivation could be for another month's rent to be due on the day of my departure. Is my understanding incorrect in that a month's rent could be claimed, since I would leave on a day when next month's rate is due?

Thank you for your help.

davidmcn

If concerned about serving notice on the correct day, no reason why you can't send/deliver it on multiple days and hope one of them sticks.

franklee

This link is talking about serving notice on the tenant under the section 196 of the Law of Property Act 1925 but it would work the same way for you serving notice:
https://www.landlordlawblog.co.uk/2012/09/13/using-section-of-the-law-of-property-act-in-tenancy-agreements/

As for your questions:

4) I signed the contract with the letting agency - not the landlord (and don't have his/her address). Is addressing and posting the letter to the letting agency sufficient?

The address to use is the address for service of notices as specified in the tenancy agreement. If an agent is fully managing the property that's often the agent's address but go by what your agreement specifies.

Note that rent is not due unless there is an address for services of notices.

2) From searching online I gathered that I must give notice in writing (not by email as it is not provisioned for in the contract). I can either deliver the letter by hand (and ask for a receipt) or post it using recorded delivery.

I think so but I would not use registered post as they can refuse delivery. The above link suggests normal post isn't allowed under the act you mention.

1) I must give notice exactly (not before) on the 27th of the month. The exact day requirement is too stringent (not to mention nonsensical). Still, a trivial question arises - what happens if it is a bank holiday or a sunday?

As the above link suggests stick it through the letter box or stick it on the door. Take photographic proof. If the office is open you can go in and and ask for a receipt.

Unless they get picky about deemed service then you are stuck on a bank holiday/weekend and would presumably try negotiating something sensible with the LL/agent. See this link for when service is deemed:
https://www.landlordlaw.co.uk/landlords/possession-notices/intro

3) If I send the letter by post and it arrives earlier or later than the 27th can the the letting agency claim the notice is non-compliant with the contract?

As above they can refuse to accept the recorded delivery so I wouldn't use it.

5) The intention behind the clause not accepting notice on a date prior to the 27th (the 26th for example) concerns me as the motivation could be for another month's rent to be due on the day of my departure. Is my understanding incorrect in that a month's rent could be claimed, since I would leave on a day when next month's rate is due?

You occupy for the whole period which is from and including the 27th to and including the 26th of the following month. So you serve notice on the 27th and vacate on the 26th of the following month. If you are still there in the 27th then more rent is due.