Is this a fair clause in a tenancy agreement?

corbyboy

I want to move out of my rented house and am out of the fixed term period so I am on a month-to-month contract.

I told the rental agency I wish to give my one month notice and I was told that I have to move out the day before my rent is due. Looking at the tenancy agreement there is a clause which reads:

While the tenancy is periodic the one month's written Notice must expire the day before a Rent Due Date.

My rent is due on 28th of each month. This means that even though I am only supposed to give 1 month notice, if I gave it now I would have to move out on 28 March. That is 7 weeks.

I just wanted to know if this is a reasonable clause to have in a contract? I don't have a lot of experience renting but I have never come across this before.

Anybody have any input?

chriz1000

I’m afraid it’s as fair as it gets mate. Any standard contract includes this clause.

chappers

Remember this would work in your favour if they wanted to kick you out

PasturesNew

That is completely usual and standard. Miss the one month notice by one day and you're effectively giving two months' notice.

Similarly, the landlord has to give you TWO months' notice on the same basis. So two months from a rent date. So if they c0ck up by one day, you effectively get three months'.

MissMoneypenny

You would need to out by 27 March, not 28.

Debt_Free_Chick

corbyboy wrote: »

My rent is due on 28th of each month. This means that even though I am only supposed to give 1 month notice, if I gave it now I would have to move out on 28 March. That is 7 weeks.

Standard and set out in legislation (the Housing Act).

One month's notice runs from the 28th day in one month to the 27th day in the next month.

So if you give notice NOW it would run from 28 Feb to 27 March.

As Miss Moneypenny says, you would have to vacate no later than 27 March.

Think of it this way - you've already paid the rent to take you up to 27 Feb. So your notice can only start on the next "unpaid" day, which is 28 Feb. So you pay the rent that day for the following month, up to 27 March.

HTH