Consumer Law, Warranties Tenancy contract - straightforward terminology question

Status
Not open for further replies.

acetaline

New Member
Hi all,

A very quick question.

I am seeking to end my tenancy agreement, having recently had a one month notice period inserted, I now have a clause which reads;

"While the tenancy is periodic the one months written notice must expire the day before a rent due date"

Is my understanding correct that I am unable to pro-rata my months notice (i.e. give it part way through a month, and seek to leave part way through the next) and that I must essentially inform the agent before I pay the following months rent, if I intend not to pay another instalment. i.e. If my rent is due on the first of the month, I cannot seek to end our agreement on the 15th of a future month (without paying until the 31st).

Is that accurate?

I would ask the agent, but I don't particularly want them to know i'm looking at moving!

Appreciate any advice - this is probably very straightforward - just slightly unsure on the terminology.

Cheers.
 
Hi all,

A very quick question.

I am seeking to end my tenancy agreement, having recently had a one month notice period inserted, I now have a clause which reads;

"While the tenancy is periodic the one months written notice must expire the day before a rent due date"

Is my understanding correct that I am unable to pro-rata my months notice (i.e. give it part way through a month, and seek to leave part way through the next) and that I must essentially inform the agent before I pay the following months rent, if I intend not to pay another instalment. i.e. If my rent is due on the first of the month, I cannot seek to end our agreement on the 15th of a future month (without paying until the 31st).

Is that accurate?

I would ask the agent, but I don't particularly want them to know i'm looking at moving!

Appreciate any advice - this is probably very straightforward - just slightly unsure on the terminology.

Cheers.

The contract reads: "While the tenancy is periodic the one months written notice must expire the day before a rent due date"



The language is very clear.
If interpreted as written, you have to give one month's notice.
The last day of your notice would be one day before your rent is due.
Thus, if your rent is due on the first of a month, you can give your notice on the first of a 31 day month.
However, if the month you are bout to enter has only 30 days, you'd have to give your notice on the last day of the month before the upcoming 30 day month.

I'll give you two examples:

You want to leave by August 1st.
You give notice on July 1st.
July 31st is the 30th day.
You're good to go!

You want to leave on May 1st.
April has only 30 days.
You'd have to give notice on March 31st to satisfy the 30 day notice provision to leave by May 1st.

Clear as mud, right?
 
Last edited:
Clear as mud indeed.

But thanks for taking the time to respond, I see your interpretation is what I had in my head.

I'll plan the move with that in mind!
 
Status
Not open for further replies.
Back
Top