Tenancy issues with moving house

Jo_R_2

Hi, need some advice...

We're looking to move from our rented 2-bed to somewhere larger and in the local school's catchment area. The tenancy on this house was a six-month one, (been renewing six-monthly/yearly for three years ) and we told the agents this week we wanted to renew on a month-by-month basis, but haven't signed the new tenancy yet.

This morning we found an ideal place for us which ticks all the boxes, and have got a viewing next week, and will be (so we are told) the first ones to view it. Spoke to our current letting agent and explained we had found somewhere (they know we are wanting somewhere bigger) and would like to give notice (biting the bullet which is what we should have done really anyway) but knowing the notice period is two months, needed to know what the implications would be if we were to give a shorter notice period. Am waiting for a call back, but have spoken to them about this before on a 'what-if' basis and they explained it would be fine to leave the tenancy but that we would be liable for any rent incurred until new tenants moved in.

Expecting them to say similar again, am not sure what to do. The houses in the area we're looking in are few and far between for renting, and this one we've seen is being readvertised after being snapped up straightaway then it falling through - we missed out first time round.

Obviously there's a real risk if we move that we end up paying rent on two properties for a period which is not affordable, on the other hand we simply need more room here (the house in question has two extra rooms and a garden which we don't have) and want DD in that school, and there's no way we can apply for a place for her because children who live in the catchment area were turned away last year as it is such a popular school.

Would it be more prudent however to forgo this house and wait until our rolling month contract's notice is up then look for somewhere else, knowing we might not find somewhere in that area that 'ticks all the boxes' straightaway?

Any advice welcome!

musey

If you are now not within a fixed term period (by that I mean have not signed a new 6 month contract) you are quite within your rights to give 1 month's notice to end at the end of a rental period. So for example you pay your rent on the 2nd of each month you would need to give 1 month's notice ending on the 1st of the month.

Alleycat

Ooh, tricky! How much money are we talking about? To be honest, if it was me and from what you have explained, I would be inclined to take it if it is really hard to find what you are after. Could your parents loan you enough to cover it, or would overtime be an option? I guess it could be put on a loan or credit card if necessary? Obviously I don't know your personal circumstances re debt, but if it is the house of your dreams!

clairehi

Firstly, if it is likely to be snapped up then should you try and arrange a viewing sooner?

Secondly, if you like it - take it. 4 bed rental houses are extremely hard to come by IME, let alone in a good school catchments. If you are applying for schools this year for DD, you only have a few months left to be living in the right area!

Maybe you could negotiate with the new landlord a moving date at the end of your current tenancy, or meet them half way. Or if you speak to your existing landlord directly, they may be more flexible on notice periods than the agency, especially if you have been a good tenant and are likely to leave the property in good order.

plane_boy2000

Most landlords are reasonable (like me :-)) If you approached me I would agree that if I could market the property now while you are still there then as long as I could let it I would forgo the term of your contract.

i did the same a few years back - tennat was looking for something else and I wanted to sell, so he showed buyers around, and in turn got his deposit back before he moved out and was able to leave when it suited him.

Jo_R_2

Thanks guys...

The current situation as I understand it is that our two-month notice is required to run from the next rent day, for us is 1st of month. On that basis we would be here until end of November.

However the agency we are viewing with only holds houses for 28 days. So with a viewing on Tuesday (we are assured we are the first to call up and have the first available viewing on this house), from then we will have until towards the end of September that the house would be held for us. Say we moved then, that would leave us with around five or so weeks still tied to this present house, so owing just over a month's rent and awaiting the deposit.

The usual practice with this agency is that from when you give notice they start marketing and thus anytime from the official notice we could have prospective tenants viewing this house. And as I mentioned, the agency previously told me we would be let go of the tenancy if they could find someone else to live here before our term had ended. So we could be liable for, say, five weeks' rent at £395 per month, so over £500, whilst gathering the money to pay for another deposit and a month's rent in advance, plus the holding fee of £90. Not great but we really want this house if it's as good as it looks to be!

clairehi - I wasn't clear in my post, I should have said that two extra rooms means an extra bedroom (so three beds) and a dining room, which we currently don't have. Still bigger than we have now!

We've been here three years in October and the landlady has just left us to it, coming round now and again to do maintenance work with her husband. So we don't really "know" them, and not sure what they would make of it, but no harm trying I guess! Not sure how flexible the agency are going to be. Just trying to save ourselves that extra money. I should also ask that as we haven't actually signed our new tenancy but agreed to it verbally, where does that leave us regarding notice?

Tassotti

Jo_R.

Do not listen to the agent about the notice you have to give..They are leading you up the garden path.

BY LAW, if you are in a periodic tenancy, you have to give 1 months notice.

If you are in a fixed contract, you don't have to give any notice.

You can give 1 months notice now, ending 30th September and move into your new place.

If they argue, tell them to read The Housing Act!!!

Jo_R_2

Tassotti

Thanks for that... Maybe I need to read it as well!

Not sure what tenancy I'm in at the mo with the issue with not signing the new month-by-month tenancy, but whatever way round it is, it's still not two months notice which works out great!

*Runs off to read the Housing Act...*

Tassotti

Housing Act will probably take you a full day to read :rotfl:

At the end of a fixed period, the tenancy automatically becomes a period one if a new fixed term contract is not signed.

You do not have to sign anything.

Can I have some of that £500 please:D

clutton_2

Tassotti is absolutely right - one months notice is all you have to give

If the agent gets difficult you have another bargaining tool which is - you do NOT have to show prospective tenants round the property for the letting agent or landlord.

The law gives all tenants the full right to "quiet enjoyment" and NO ONE can enter your house without your permission - even if it says so in your tenancy agreement.

An agreement cannot take away rights you have under other legislation.

So, you will show folks round and be nice, if they accept one months notice AND give your deposit back !!

good luck

clairehi

The others are prob. right about the legal position being that you only have to give 1 months notice.
however if you speak nicely to the landlord, and they are reasonable, then hopefully you can agree the notice period you want without having to get heavy and invoke the law.
I would strongly recommend that you try the friendly approach first. If you explain your situation they are likely to be more sympathetic. We let our landlord know that we were planning to move out and kept him informed of progress on our purchase. he accepted 2 weeks notice once we'd exchanged on our new place , and actually let us off the last week's rent - what a nice guy.