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Start/finish of notice period on 3-6-9 contract

Question

I am in the 4th year of a 3-6-9 lease. I gave notice on 28 January to terminate the lease as of 30.04, allowing for the 3 months' notice period starting on 01.02 - this was acknowledged by the lessor. The rental period however goes from the 15th of each month. Lessor is insisting that I pay rent in full 3 more times. i.e. on 15.02, 15.03, 15.04. She says that I can not pro-rate the 3rd payment to cover the lease through 30.04. She insists that this is 'the law'. I have looked into the law and know that it is not clear in cases where rental periods do not coincide with the legally required notice date of the first of the following months. There are references in literature and informal guides to pro-rating final rental payments to account for this. But she refuses to listen, and insists that I should have notified her before 15 Jan in this case (which is not what the law says as notice period always starts on 1st of following month). What are my options in this case?

J

"She says that I can not pro-rate the 3rd payment to cover the lease through 30.04. She insists that this is 'the law'."

She can pro-rate the 3rd payment, but she doesn't have to so she's not going to.

You may have a legal case against her. Work out what it will cost you in terms of stress and legal fees + take into account that she might well be right and you might be wrong and that there's therefore a very good chance that you'll end up paying her legals costs as well.

Next time, phone and discuss this sort of thing before you give notice.

Feb 10, 2019 17:52