Monthly Rent - PCM or 4 weekly

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    Monthly Rent - PCM or 4 weekly

    Im coming to the end of a 6 month tenacy and have agreed a new let on a different propety to the one I am in a the moment. Two days ago my landlord tells me I owe him 2 weeks rent because the tenancy agreement I have says that rent is due monthly.....and he insists that this means on a four weekly basis, I on the other hand am under the impression that this meant PCM, now to be quite honest with you I'm sure that the tenancy isn't worth the paper it's written on but is there anything that states that if rent is said to be due monthly that this means PCM and not 4 weekly, and also my landlord also insists that everywhere charges rent on a 4 weekly basis, even when it's stated as monthly....is this true?

    any info would be great

    #2
    Plain english to me !

    A month is a month and there are 12 of them in a year NOT 13.
    A 4 week period is a 4 week period, check your ast again for an accurate definition of this.

    HB is paid out in 4 week blocks normally, but most ast's refer to PCM unless explicity stated otherwise IME

    The Rodent
    A pessimist sees the difficulty in every opportunity; an optimist sees the opportunity in every difficulty.
    W.Churchill

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      #3
      Originally posted by PJ0692 View Post
      Two days ago my landlord tells me I owe him 2 weeks rent because the tenancy agreement I have says that rent is due monthly.....and he insists that this means on a four weekly basis, I on the other hand am under the impression that this meant PCM, now to be quite honest with you I'm sure that the tenancy isn't worth the paper it's written on but is there anything that states that if rent is said to be due monthly that this means PCM and not 4 weekly, and also my landlord also insists that everywhere charges rent on a 4 weekly basis, even when it's stated as monthly....is this true?
      As Rodent1 says, it's HB who pay out in 4-weekly chunks; I don't know of any other landlords who do.

      A decent AST agreement should state "...per calendar month..." for the avoidance of doubt; presumably yours doesn't, but I really don't see how in the absence of that anyone could claim one month = 4 weeks by default.

      What does your agreement state about when rent is to be paid? Mine say clearly that it's due on the first of the month. Notwithstanding that, when have you actually been paying? If you've paid on the same date each month, then it might be considered a bit odd that your LL's waited until now to let you know that you've apparently been gradually getting further and further into arrears.

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        #4
        I agree, LL is trying it on (or a half-wit). The only month which is 4 weeks long is February, (leap years excepted).

        'Monthly' cannot mean anything other than calendar monthly.
        'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

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          #5
          Originally posted by mind the gap View Post
          I agree, LL is trying it on (or a half-wit). The only month which is 4 weeks long is February, (leap years excepted).

          'Monthly' cannot mean anything other than calendar monthly.
          Yes. See s.61(a) of the Law of Property Act 1925:

          "In all deeds, contracts,...and other instruments...unless the context otherwise requires...'month' means calendar month..."
          JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
          1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
          2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
          3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
          4. *- Contact info: click on my name (blue-highlight link).

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            #6
            Might just be my simple mind, but if your agent says your rent was due 4 weekly.. then why have they been accepting calendar monthly payment till now...

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              #7
              Offer him one week and be done with the hassle of this issue. Life is too short and too difficult at the moment !! And it will cost him more to chase you for the rest. Although - I guess he could withhold your deposit ?
              ASTs are mostly pcm - short term lodgers are often weekly so if they stay 4 weeks it is 4 weeks.

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                #8
                Originally posted by HP mum View Post
                Offer him one week and be done with the hassle of this issue.

                Why would anyone want to do that ?
                That is tantamount to non acceptance of the Gregorian Calendar.

                The Rodent
                A pessimist sees the difficulty in every opportunity; an optimist sees the opportunity in every difficulty.
                W.Churchill

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                  #9
                  Originally posted by Rodent1 View Post
                  Why would anyone want to do that ?
                  That is tantamount to non acceptance of the Gregorian Calendar.

                  The Rodent
                  Of which - we know, Rodent - that you are one of the most outspoken, voluminous, hirsute and and unrepentant defenders.
                  'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

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                    #10
                    Originally posted by mind the gap View Post
                    Of which - we know, Rodent - that you are one of the most outspoken, voluminous, hirsute and and unrepentant defenders.
                    For the 27 millionth time ..would you stop exaggerating.

                    The Rodent
                    A pessimist sees the difficulty in every opportunity; an optimist sees the opportunity in every difficulty.
                    W.Churchill

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