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Negotiating notice period

I am almost 8 months into a tenancy, and I am planning to give notice to leave. I have to give 2 months notice, which has to end on the last day of a rental period, so the earliest I can vacate by is January 22nd.

I have found another property to move into, by the owners are not prepared to wait two months. They have said that they want a new tenant in, by Dec 18th and claim that they have other potential tenants who can commit to that timeframe (which I believe because it is a sought after location and the price is pretty good).

I have spoken with the landlord, and he has said that, if I let him show the property to potential tenants, I can move early if he can find a tenant that can move in. The problem is, that means that I cannot commit to the new place until he finally finds somebody, because I won't know what date the landlord will finally agree to. I could sign up for Dec 18th, and then find that he doesn't get anybody until the middle of January.

I personally think it would be reasonable for me to say that I will let him show new tenants, but that I want him to commit to Dec 18th (or, at least some date close to that). Otherwise it is all benefit to him (showing the property early) and all risk to me (that I could still get hit with paying double for a month).

I just wondered if other people thought the "you can show people around, as long as we can agree to a definite date" suggestion seemed reasonable.

Thanks.
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Comments

  • DVardysShadow
    DVardysShadow Posts: 18,949 Forumite
    Someone may come along and correct this. The statutory requirement is that you must give 1 month's notice, to end at the end of a rental period. This overrides your contract provision. So 1 month's notice to end 22 December, this should be good enough for you.
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  • Gwhiz
    Gwhiz Posts: 2,322 Forumite
    Part of the Furniture Combo Breaker
    Are you on a periodic tenancy or still in a fixed term? - you do not make that clear.
  • Gwhiz wrote: »
    Are you on a periodic tenancy or still in a fixed term? - you do not make that clear.

    Sorry. I am still within the 12 month fixed term.
  • I am of the understanding that you would only have to give 2 months notice should you have a 6 month break clause in your contract and you wish to leave. Is this where you are getting the 2 months from? Otherwise it is 1 month for T to give notice and 2 months for LL to give notice.
    :A

  • silvercar
    silvercar Posts: 49,914 Ambassador
    Part of the Furniture 10,000 Posts Academoney Grad Name Dropper
    I am of the understanding that you would only have to give 2 months notice should you have a 6 month break clause in your contract and you wish to leave. Is this where you are getting the 2 months from? Otherwise it is 1 month for T to give notice and 2 months for LL to give notice.

    Not within the initial fixed term. If its a fixed term, the landlord could hold you to it.

    If this new place is more desirable it may be worth paying rent on both places for a short time.
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  • Ah ok, my contract IS a 12 month fixed term with a 6 month break clause with notice to be given at 4 months should we have wanted to end it.
    :A

  • silvercar wrote: »
    Not within the initial fixed term. If its a fixed term, the landlord could hold you to it.

    If this new place is more desirable it may be worth paying rent on both places for a short time.

    I may have to do exactly that. However, I am still wondering if saying - "if we can agree to an earlier date, then I will be happy to have prospective tenants view the property" is better than letting the viewings happen on the basis that if they find a tenant I can move out early.

    If I just let them do viewings, without agreeing to an earlier date, there is less motivation for them to find somebody quickly.

    They might think that I could go back on my word, once the date is agreed (I wouldn't but they might think I might). However, they are still no worse off because, if they don't agree to it, they have to wait until I leave before they can show it anyway and will definitely have a gap in rent. If they agree and I backtracked (which, again, I won't) they are in the same situation, but if I hold up my end of the bargain, they will very likely have no gap in rent.

    I think it is the best approach, but would be keen to hear other views.
  • Gwhiz
    Gwhiz Posts: 2,322 Forumite
    Part of the Furniture Combo Breaker
    Tony1979 wrote: »
    I may have to do exactly that. However, I am still wondering if saying - "if we can agree to an earlier date, then I will be happy to have prospective tenants view the property" is better than letting the viewings happen on the basis that if they find a tenant I can move out early.

    If I just let them do viewings, without agreeing to an earlier date, there is less motivation for them to find somebody quickly.

    They might think that I could go back on my word, once the date is agreed (I wouldn't but they might think I might). However, they are still no worse off because, if they don't agree to it, they have to wait until I leave before they can show it anyway and will definitely have a gap in rent. If they agree and I backtracked (which, again, I won't) they are in the same situation, but if I hold up my end of the bargain, they will very likely have no gap in rent.

    I think it is the best approach, but would be keen to hear other views.

    Why would the LL agree to viewings with no intention of getting a new tenant in place - all that would do is waste his/LAs time and !!!! off a prospective new tenant.

    Just ask the LL IF he can get a new tenant in place would he release you. If yes then start viewings, if no then don't. Simple.
  • Gwhiz wrote: »
    Why would the LL agree to viewings with no intention of getting a new tenant in place - all that would do is waste his/LAs time and !!!! off a prospective new tenant.

    Hi, I didn't mean that he wouldn't have any intention of getting a tenant in place, just that there is less motivation than if he had a target date, say, 3 weeks from now.

    He might for example, get somebody who can move in quickly, but offer less rent, or somebody that can move in 6 weeks and pay full asking price.

    If he doesn't have to let me leave on a certain date, then he may well want to wait for the latter tenant, and I will end up paying double for 3 further weeks.

    Isn't it better for me if he is under pressure to get somebody in 3 weeks, than if he has the luxury of 6 weeks, all with me underwriting any gap?
    Gwhiz wrote: »
    Just ask the LL IF he can get a new tenant in place would he release you. If yes then start viewings, if no then don't. Simple.

    I think that still leaves the same problem, that I am the one taking all the risk. It seems a very lopsided negotiating position.
  • Yorkie1
    Yorkie1 Posts: 12,219 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    Tony1979 wrote: »
    I think that still leaves the same problem, that I am the one taking all the risk. It seems a very lopsided negotiating position.

    You agreed to certain contractual terms when you agreed the tenancy. The LL is entitled to hold you to the terms of that contract and you have absolutely no rights to expect him to negotiate. If you decide to change your personal circumstances, that is your lookout. Why should the LL bear any risk of financial loss because you have changed the goalposts?
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