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handing in notice

Were about to hand notice on our house (6 month contract started 01 August 2007, continued on a periodic agreement since)

In our original contract there was a clause saying we had to give 2 months notice when we wanted to leave

I now know that legally we only have to give 1 but my H is adamant we are going to give 2 so the LA / LL cannot play silly sods with us (like they have been throughout the entire tenancy)

Do we just give them 1 and state the law or do we play ball and give 2?



On another note, we have the opportunity through Hs new job to buy a house (full relocation benefits), we are currently renting...

We also own a house which we rent out (lovely tenant, permision to rent from mortgage provider etc)

Do we take the full relocation benefits and buy (my parents can long term loan us a deposit) or do we carry on renting (I think we would have 6 months from start of job to buy, whereas we only get the benefits for 2 months if we rent)

I am currently a contractor with contract through to August (which will probably be extended - have been told by boss) but have applied for a permanent job in same area (am awaiting the outcome from interview)

Would we get a 2nd mortgage on our job situations?:confused:

Thanks all in advance
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Comments

  • Planner
    Planner Posts: 611 Forumite
    clairet707 wrote: »
    Were about to hand notice on our house (6 month contract started 01 August 2007, continued on a periodic agreement since)

    In our original contract there was a clause saying we had to give 2 months notice when we wanted to leave

    I now know that legally we only have to give 1 but my H is adamant we are going to give 2 so the LA / LL cannot play silly sods with us (like they have been throughout the entire tenancy)

    Do we just give them 1 and state the law or do we play ball and give 2?

    We also own a house which we rent out (lovely tenant, permision to rent from mortgage provider etc)

    Regardless of what is written into the contract, the notice period to end a monthly rent payment stautory periodic is 1 full calander month ending on the same date in the month that the original fixed term ended.

    However, as your a landlord, what does your tenancy agreement with your tenant say? - 1 month or 2 month, and would you as a landlord try to enforce that on your tenant? - whats good for the goose is good for the gander and all that....
  • Planner wrote: »
    Regardless of what is written into the contract, the notice period to end a monthly rent payment stautory periodic is 1 full calander month ending on the same date in the month that the original fixed term ended.

    However, as your a landlord, what does your tenancy agreement with your tenant say? - 1 month or 2 month, and would you as a landlord try to enforce that on your tenant? - whats good for the goose is good for the gander and all that....

    I 'think' it says a month but am not sure as H was dealing with it all - I dont think I would / could enforce a 2 month term if it wasnt legal

    And I dont know what the letting agents are playing at trying to do it themselves... They must know its not right

    Thanks
  • Planner
    Planner Posts: 611 Forumite
    clairet707 wrote: »
    I 'think' it says a month but am not sure as H was dealing with it all - I dont think I would / could enforce a 2 month term if it wasnt legal

    And I dont know what the letting agents are playing at trying to do it themselves... They must know its not right

    Thanks

    'Law/Whats Right' are unusal words to some Letting Agents/Landlords, others are just ignorant (same is true for some tenants).
  • clutton_2
    clutton_2 Posts: 11,149 Forumite
    tenants only have to give one months notice - end of
  • bandraoi
    bandraoi Posts: 1,261 Forumite
    Ring your landlord and hand in a months notice.
    If he objects deal with it, but until he does you have no problem.
  • clutton_2
    clutton_2 Posts: 11,149 Forumite
    WRITE to your landlord and give one months notice - ending on a rent day
  • Planner
    Planner Posts: 611 Forumite
    clutton wrote: »
    WRITE to your landlord and give one months notice - ending on a rent day

    NO NO NO. Ending on the same date in the month the fixed term ended.
  • stolt
    stolt Posts: 2,865 Forumite
    sorry to hijack this thread ive got to hand our notice in, as our rent day is the 17th, i thought it would be best to wait until the 17th of March now to advise that we are giving a months notice, so technically we have to leave on the 17th of April. Is that correct?
    Listen to what people say, but watch what people what people do!!
  • Planner
    Planner Posts: 611 Forumite
    stolt wrote: »
    sorry to hijack this thread ive got to hand our notice in, as our rent day is the 17th, i thought it would be best to wait until the 17th of March now to advise that we are giving a months notice, so technically we have to leave on the 17th of April. Is that correct?

    If the rent date and the date in the month that the fixed term ended are the same then yes. So did your fixed term come to an end on the 17th of a particular month?

    If not then your need to give one full calander month notice ending on that date and not the rent due date. They are often the same but not always.
  • stolt wrote: »
    sorry to hijack this thread ive got to hand our notice in, as our rent day is the 17th, i thought it would be best to wait until the 17th of March now to advise that we are giving a months notice, so technically we have to leave on the 17th of April. Is that correct?
    You can always give more than a months notice. Personally, I'd want the notice to arrive at least a few days before the deadline.

    Also, if you're not 100% certain of the day it should end, take the contact to the CAB and ask for advice. It's not worth getting it wrong and the rules can be a bit confusing. (I think the CAB have special rules in dealing with this, so you may need to book any appointment with a specialist rather than just dropping in.)
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