When to put in notice

2bFrank

Hello,

Hopefully someone will have some advice. We are currently in the process of buying a new build house. We currently rent at the moment.

The house builder has given us notice to intend to complete by the 30th June. Our current progress: The mortgage application is still going through however, the mortgage valuer has been to the property and downvalued it, after negoitations the builders agreed to the new value, which has saved us a few pennies, and has informed the mortgage company. Our solicitor is looking to exchange within the next few days (subject to the mortgage).

The question is, when should I hand in my notice for our current rented flat, we have a AST contract, which ran out in August 2010, we are on a rolling contact which states that we need to give 1 months notice to leave, but this must be month rent period. Our rent is due on the 17th. If we hand in our notice within the next few days (to get there in time for the 17th June), we can leave by the 17th July. However if we wait until after the 17th, we cannot leave until the 17th August.

I have driven pass the house last night, and the outside is done (walls, windows, roof and doors), the staircase is in and the framework for the internal walls are in. So they could actually finish it by the 30th June. I cannot really afford to be paying the mortgage and rent at the same time for the extra month. Also if it is not ready by the 30th June, or there is a problem, and we have handed in our notice, we would be homeless. I cannot live at my or my partners mums as its too far for work. The big question is, should we gamble and hand in our notice now, or should we play it safe and hand in our notice once we have completed?

Any help will be appricated.
Thanks

Benji

Your understanding of the notice periods is perfectly correct, and is established in law.

However, just because it is printed on a template AST agreement does not mean your landlord will hold you to it. So, first thing to do is talk to the landlord (preferably not the agents) and see how flexible he can be. He may surprise you!

Second point is that if you give in your notice for the earlier date, although you can not withdraw it, you can not be made to move on the actual date if you have no where to go. There may well be consequences (more later if you wish) but you can not be physically thrown out of the property by anyone bar court bailiffs with a court order. That will literally take months to organise.

2bFrank

Thanks Benji for your quick reply.

Landlord stated they want the full rent month, we had to speak to him as mortgage company asked for their details. On the second point, it maybe an option if all else fails, however I did not really want to go down that route.

Thanks again.

staple28

Do you not have a friend or other family you can stay with that is closer to work? Or just stay at your parents and travel a bit futher?

Im in exactly the same situation and i have took a gamble and sent my landlord my months notice (for 13th June to move out for 13th July) as i figured it wil be cheaper to move all my stuff into storage and stay at my parents than pay another months rent!

Only you know weather you want to take the chance or not.