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When to give notice to landlord

Chris_P_2
Chris_P_2 Posts: 194 Forumite
in House buying, renting & selling
Hi. Am currently renting, in process of buying. Solicitor is waiti for a response from vendors solicitors and council on a couple of points. Everything else is done.

Solicitor says completion is feasible for end of september.

i need to give 4 weeks notice.

My concern is if i give notoce now and theres a delay can my landlord force me out???
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Comments

  • G_M
    G_M Posts: 51,977 Forumite
    Name Dropper First Anniversary First Post Combo Breaker
    If you give notice and don't leave the landlord can charge you double rent. And apply for possession.

    1) are you sure it's 4 weeks notice? Is your tenancy Contractual Periodic? And/or do you pay rent weekly?

    2) you should not serve notice until you've Exchanged Contracts on your purchase.
  • andrewjb3
    andrewjb3 Posts: 46 Forumite
    First Anniversary First Post
    Only with a section 21 (etc) and a court order. But you would technically be due to pay double rent for any period of overstay.
  • andrewjb3
    andrewjb3 Posts: 46 Forumite
    First Anniversary First Post
    G_M: Would a section 21 (or 8 etc) be required, or is the tenant's notice sufficient to apply for a possession order?
  • juniordoc
    juniordoc Posts: 366 Forumite
    Where does the double rent for overstay rule come from? Is it in most ASTs?
  • G_M
    G_M Posts: 51,977 Forumite
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    juniordoc wrote: »
    Where does the double rent for overstay rule come from? Is it in most ASTs?
    Yes all ASTs.

    It's an old statute but still in force:

    Distress For Rent Act 1747 S18
  • anonmum
    anonmum Posts: 67 Forumite
    First Anniversary First Post Combo Breaker
    hi,

    Following this thread with interest because I have to give two months notice on my rented house, we are only just at the beginning of the house buying journey (found house/got aip/offer accepted/waiting for full mortgage offer) and I am thinking it likely I will have to pay both rent and the new mortgage for a couple of months!

    I guess the advantage is that we won't need to move all our stuff from one house to the other all in one day!


    anonmum
  • G_M
    G_M Posts: 51,977 Forumite
    Name Dropper First Anniversary First Post Combo Breaker
    andrewjb3 wrote: »
    G_M: Would a section 21 (or 8 etc) be required, or is the tenant's notice sufficient to apply for a possession order?
    I'm not sure...

    My belief was (just been reviewing) that the Notice ends the tenancy. Only a tenant, or a court, can end a tenancy so if the tenant serves (valid) notice, then the tenancy ends.

    This thread here adds some confirmation. And some doubt:

    https://forums.landlordzone.co.uk/forum/residential-letting-questions/1003420-tenant-giving-1-months-notice-and-then-rescinding-it-2-weeks-later
  • martindow
    martindow Posts: 10,214 Forumite
    Name Dropper First Post First Anniversary
    anonmum wrote: »
    hi,

    Following this thread with interest because I have to give two months notice on my rented house.
    Are you certain of this? Unless it is specifically in your contract the law stipulates two months for the LL and one month for the T.
  • Mutton_Geoff
    Mutton_Geoff Posts: 3,817 Forumite
    Name Dropper Photogenic First Post First Anniversary
    Chris_P wrote: »
    Hi. Am currently renting, in process of buying. Solicitor is waiti for a response from vendors solicitors and council on a couple of points. Everything else is done.

    Solicitor says completion is feasible for end of september.

    i need to give 4 weeks notice.



    By the sounds of it, you haven't even exchanged contracts? Why not ask for 4 weeks between exchange and completion? That gives the surety of you actually moving, offers plenty of time to pack and sort everything out and minimises your costs by not have much of an overlap between purchase and end of renting. If your rent is a calendar month, then you may wish to set the completion date a few days before the end of the following month since giving your landlord a months notice in the middle of the month might mean you're still liable for rent to the end of the calendar month.


    Don't forget there will a short delay in getting your rental deposit back.
    Signature on holiday for two weeks
  • anonmum
    anonmum Posts: 67 Forumite
    First Anniversary First Post Combo Breaker
    martindow wrote: »
    Are you certain of this? Unless it is specifically in your contract the law stipulates two months for the LL and one month for the T.

    I will check on this - would make it far easier (and cheaper!) if it was just 1 month! Thanks for the info :-)
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