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    • Chris P
    • By Chris P 13th Sep 17, 9:26 PM
    • 165Posts
    • 38Thanks
    Chris P
    When to give notice to landlord
    • #1
    • 13th Sep 17, 9:26 PM
    When to give notice to landlord 13th Sep 17 at 9:26 PM
    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???
Page 1
    • G_M
    • By G_M 13th Sep 17, 9:33 PM
    • 41,034 Posts
    • 47,133 Thanks
    G_M
    • #2
    • 13th Sep 17, 9:33 PM
    • #2
    • 13th Sep 17, 9:33 PM
    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
    • By andrewjb3 13th Sep 17, 9:34 PM
    • 27 Posts
    • 23 Thanks
    andrewjb3
    • #3
    • 13th Sep 17, 9:34 PM
    • #3
    • 13th Sep 17, 9:34 PM
    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
    • By andrewjb3 13th Sep 17, 9:36 PM
    • 27 Posts
    • 23 Thanks
    andrewjb3
    • #4
    • 13th Sep 17, 9:36 PM
    • #4
    • 13th Sep 17, 9:36 PM
    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
    • By juniordoc 13th Sep 17, 9:44 PM
    • 150 Posts
    • 101 Thanks
    juniordoc
    • #5
    • 13th Sep 17, 9:44 PM
    • #5
    • 13th Sep 17, 9:44 PM
    Where does the double rent for overstay rule come from? Is it in most ASTs?
    • G_M
    • By G_M 13th Sep 17, 9:51 PM
    • 41,034 Posts
    • 47,133 Thanks
    G_M
    • #6
    • 13th Sep 17, 9:51 PM
    • #6
    • 13th Sep 17, 9:51 PM
    Where does the double rent for overstay rule come from? Is it in most ASTs?
    Originally posted by juniordoc
    Yes all ASTs.

    It's an old statute but still in force:

    Distress For Rent Act 1747 S18
    • anonmum
    • By anonmum 13th Sep 17, 10:03 PM
    • 38 Posts
    • 49 Thanks
    anonmum
    • #7
    • 13th Sep 17, 10:03 PM
    giving notice
    • #7
    • 13th Sep 17, 10:03 PM
    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
    • By G_M 13th Sep 17, 10:04 PM
    • 41,034 Posts
    • 47,133 Thanks
    G_M
    • #8
    • 13th Sep 17, 10:04 PM
    • #8
    • 13th Sep 17, 10:04 PM
    G_M: Would a section 21 (or 8 etc) be required, or is the tenant's notice sufficient to apply for a possession order?
    Originally posted by andrewjb3
    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
    • By martindow 14th Sep 17, 1:10 PM
    • 7,172 Posts
    • 3,986 Thanks
    martindow
    • #9
    • 14th Sep 17, 1:10 PM
    • #9
    • 14th Sep 17, 1:10 PM
    hi,

    Following this thread with interest because I have to give two months notice on my rented house.
    Originally posted by anonmum
    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
    • By Mutton Geoff 14th Sep 17, 1:38 PM
    • 861 Posts
    • 864 Thanks
    Mutton Geoff
    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.
    Originally posted by Chris P


    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.
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    • anonmum
    • By anonmum 14th Sep 17, 8:21 PM
    • 38 Posts
    • 49 Thanks
    anonmum
    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.
    Originally posted by martindow
    I will check on this - would make it far easier (and cheaper!) if it was just 1 month! Thanks for the info :-)
    • G_M
    • By G_M 14th Sep 17, 8:58 PM
    • 41,034 Posts
    • 47,133 Thanks
    G_M
    I will check on this - would make it far easier (and cheaper!) if it was just 1 month! Thanks for the info :-)
    Originally posted by anonmum
    It's not that straight-forward. Read:

    * Ending/renewing an AST: what happens when a fixed term ends? How can a LL or tenant end a tenancy? What is a periodic tenancy?
    • anonmum
    • By anonmum 14th Sep 17, 9:49 PM
    • 38 Posts
    • 49 Thanks
    anonmum
    Definately 2 months for both me and landlord
    Checked the contract - it is for a fixed term of one year BUT does have a 'break clause' that either me or the landlord can end the contract if give 2 months notice.

    So back to the drawing board as they say!

    anonmum
    • Guest101
    • By Guest101 15th Sep 17, 10:08 AM
    • 15,127 Posts
    • 14,717 Thanks
    Guest101
    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
    Originally posted by G_M
    Similarly though as starting a tenancy, it only ends when possession is granted back to the landlord.


    we say only a court can end a tenancy, but the reality is until bailiffs execute the order and gain legal and physical possession back for the LL, the tenancy continues.


    Would a s.21 notice be required is an interesting question. The court on the day may interpret either way to be fair. Some may say that it is not and grant the order, others may say that the LL should still follow procedure and issue.


    I would advise serving s.21 and then applying as a court date can take 6+ weeks to get and you don't want to then be told you are wrong, liable for costs, issue a s.21 and then wait 6+ weeks again.
    • Guest101
    • By Guest101 15th Sep 17, 10:09 AM
    • 15,127 Posts
    • 14,717 Thanks
    Guest101
    Checked the contract - it is for a fixed term of one year BUT does have a 'break clause' that either me or the landlord can end the contract if give 2 months notice.

    So back to the drawing board as they say!

    anonmum
    Originally posted by anonmum
    Well yes if it is fixed term than that is different to what most people view as giving notice.
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