Negotiating notice period

Tony1979

Yorkie1 wrote: »

Ultimately you have the right to refuse entry to the property whilst you are in possession of the tenancy. However if I was your LL I would frankly take a very dim view of my tenant's attitude being to hold me to ransom / blackmail me into letting you out of the tenancy so early on in its duration, simply because it suits your convenience and you've decided to put yourself in a difficult position financially by taking on a new commitment which overlaps with existing commitments, assuming I'll be a mug and release you early. That may not be how you see your position but it's how it comes across loud and clear in your postings.

I'm sorry, but I just don't get this at all. We both have contractual rights. Are his contractual rights more important than mine?

When he signed the contract he knew that he had no right to show it until I moved out.

Now, all I am saying is, I would like to move out early and in return I will let you show it early. I don't see anything wrong with that.

I appreciate your input, but I just see it as an exchange of concessions on the contract, just business.

Yorkie1 wrote: »

If your LL will not play ball then you must decide whether to let the new place go or whether to pay the overlap. Will you also need a LL reference for your new rental?

I will need a reference, but what is he going to put in it that would be negative? I have a contractual right to quiet possession, I'm not doing anything wrong. With most places around here, I have not been able to view until the current tenants moved out.

I really don't think it would be in his interests to give me a bad reference. If he does that, and then I can't rent somewhere else, how does that help him? It would just be spiteful, simply because I am exercising my right to quiet possession.

If the LL won't play ball, I will have to let the place go and find something else. I can't afford to pay double rent for that long.

docmaggiemay

Well I guess you have to decide if you want the new property enough to be willing to pay dual rent on both until the end of your contract with your current landlord, or if you'd give it up if you weren't released early.

The landlord has no contractual obligation to let you leave early and if he does so it will be entirely on his terms.

If you have a place and want to move there then by all means do so. But if there is then another month or more to go in your contract what do you gain by refusing viewings? Nothing except to ensure a new tenant won't be found and you wont be released early.

Alternatively, stay till the end of your notice. But then you'll lose the new place.

I think realistically your landlord is unlikely to release you early unless a new tenant is found. So you decide if you want to facilitate that by allowing viewings, and hopefully leave early, or pay the rent till the end of your contract. But I can't see him agreeing to let you off with no tenant in place, unless he's feeling very kind, especially the week before Christmas.


Sorry, but I think you are the one that needs to make concessions, not him.

Tony1979

docmaggiemay wrote: »

I think realistically your landlord is unlikely to release you early unless a new tenant is found. So you decide if you want to facilitate that by allowing viewings, and hopefully leave early, or pay the rent till the end of your contract. But I can't see him agreeing to let you off with no tenant in place, unless he's feeling very kind, especially the week before Christmas.

Sorry, but I think you are the one that needs to make concessions, not him.

It will be disappointing if that is the case, but given the number of people here saying the same thing, I guess it may well be.

I wouldn't be happy to have the place shown, if I have no guarantee on when I could vacate. I would rather live in peace, not pay the double rent, and just find somewhere else.

I still think that a landlord would be silly to give up a 4 week period, during which he can freely show the property while getting paid rent, and instead have to show it after I vacate. Even if he thinks it would take 6 weeks to rent out once viewings start (which I think is unlikely) he will have missed out on 6 weeks of rent rather than just 2.

I can see how emotions could get in the way though. I guess I'll see how it goes!

franklee

I see the point you're making regarding negotiating with allowing viewings but I don't think a landlord would want to risk a void starting on Dec 18th as it's too near Christmas and risks no tenant till the new year.

You don't say when your fixed term ends, but bearing in mind you can leave at the end of a fixed term without notice (other than making sure the LL knows you are going and handing over keys in time) I'd suggest waiting for then and moving when you aren't so tied.

The problem with the two months notice in your break clause is that you are competing with tenants on just one months notice and they will be able to beat you on dates so you aren't going to be able to snap up the best deals on the next property when using the break clause.

G_M

Have you actually spoken to the landlord?

Huffing and puffing about how he ought to be grateful if you offer to let him arrange viewings is rather premature isn't it? Ask him! You may be right and he may indeed be grateful and agree to what you want.

What people here are saying is that you should not expect his gratitude and agreement. Yes, he is obliged to leave you in peace without viewings till the end of the tenancy if you so insist, but equally yes you have to pay rent till the end of 12 months if he so insists.

Go have a chat. But go with an open mind and no expectations either way.

Once he's agreed, or refused, by all means post here again!

Tony1979

G_M wrote: »

Have you actually spoken to the landlord?

Huffing and puffing about how he ought to be grateful if you offer to let him arrange viewings is rather premature isn't it? Ask him! You may be right and he may indeed be grateful and agree to what you want.

What people here are saying is that you should not expect his gratitude and agreement. Yes, he is obliged to leave you in peace without viewings till the end of the tenancy if you so insist, but equally yes you have to pay rent till the end of 12 months if he so insists.

Go have a chat. But go with an open mind and no expectations either way.

Once he's agreed, or refused, by all means post here again!

G_M, I appreciate your input but, with all due respect, if you read my original post I don't think I was huffing and puffing, I just laid out the situation, said what I was thinking of saying, and then just asked for advice on whether that approach was a good one.

I did get quite a few responses suggesting that I shouldn't be demanding anything, that the landlord didn't have to agree to anything, that if I were their tenant they would be angry with me, that I shouldn't be trying to dictate, that a landlord wouldn't be dictated to.

I appreciate all of the input, but I have just been trying to put forward my point that I consider that I am offering a concession and asking for a concession back, and that, as an approach, I think that there is value in it to the landlord and that it would probably make good sense for him to take it. Not once did I say that he had to take it, just that I thought it was an offer that made sense. Nor did I say that he "should be grateful", just that I thought it made sense to him, that he would get value from it.

This is what negotiation is all about, IMHO. Trying to look at it from the other person's point of view and trying to figure what you can offer, that might be valuable to him.

No huffing and puffing, but I didn't think that there was any barrier to stop me posting here for advice at any stage of the negotiation process.

I don't have expectations either way, but I need to have pre-thought what my underlying position is, and also what my justification/arguments when trying to convince the landlord - the responses in this thread have certainly helped, and I greatly appreciate them.