LL wants to sell

stinkypluff

Our Landlord wants to sell the property we're renting. The current tenancy expires end of April.
We're looking at buying a property and I wondered how soon can we give notice? Also, I believe the Landlord can give us (official) notice at the end of March & put the house on the market.

We're looking at a new build and it should be completed end of March/Beg April.

Thanks for reading )

caeler

I wouldn't give notice until you exchange and have your completion date confirmed. Otherwise you have no security and could end up with nowhere until the new place is ready. Not sure about notice otherwise, somebody knowledgable will be along shortly I'm sure!

princeofpounds

you can leave on the last day of your fixed period with no notice if you like, although giving notice is the ethical thing to do.

If you stay over your fixed period by even a minute and do not sign anything else you will enter a statutory periodic tenancy where you will have to give one full rental period's notice to leave. So for example if your tenancy periods start on the 5th of the month you will need to give notice by the 4th and leave before the subsequent 4th.

The landlord can put the house on the market any time he likes. You do not have to allow viewings, which would make it harder to sell, but then he would certainly seek to end the tenancy as soon as he can.

Only a court order can technically permit your landlord to end the tenancy, but he can give you notice that he intends to seek repossession any time he likes. It must be in a particular format and with particular timings to be valid, but simply put he needs to give you at least 2 month's notice. It is possible that you have already been served a notice, called a Section 21, early on in the tenancy. This means that the landlord could in theory apply to the court right away. But if you have not received one so far then he does not intend to ask you to leave for at least 2 months.

So you should learn his intentions before the end of this month, given the end of the fixed period is the end of April, assuming you are correct that you have not received any notice yet.

In your position, I would negotiate a friendly compromise with the landlord if you can. Roll on to a statutory periodic tenancy, which means that you only need to give one month's notice and that could save you a lot of grief if your onward move is delayed. In return, try to accomodate viewings. The landlord might prefer to maintain an income as selling could take some time.

Yorkie1

Assuming it's an Assured Shorthold Tenancy in England/Wales, you don't have to give any notice to leave at the end of a fixed term (even if your contract says otherwise) - although it's polite to do so.

If you stay beyond the end of your fixed term, then you're on a periodic tenancy and have to give 1 month's notice to end at the end of a rental period. So, if your fixed term started on 2nd November, then it expires on 1st May - and you must be out on or by 1st May. If you stay onto 2nd May, then any notice given between that date and 1st June will expire on 1st July.

Of course your LL can always agree to let you go earlier - make sure you get that agreed in writing.

As for notice from your LL, this is always 2 months - although I think the expiry date of notice depends on whether it is given before or after the end of the fixed term. Others will advise on this point if necessary.

G_M

If you are currently on a Fixed Term Tenancy that ends on 30th April:

1) you cannot leave till 30th April (well, you can leave but you still owe rent!)
2) you do not ned to give any notice. You can simply move out on or before 30/4/12 (though it is helpful/poite to give notice)
3) the LL cannot make you leave - he needs to give you a S21 Notice at least 2 months before 30/4/12, and even then you can stay till he gets a court order
4) if you stay ONE DAY longer (ie 1/5/12) you will create a monthly Periodic Tenancy, and then you have to give notice of at least a full month, ending with a rent period (ie 30th of a month)

stinkypluff

That's really good to know. I won't be revealing our cards until we sign on the dotted line with our new house. Thanks so much for your advise, the LL has been pretty reasonable thus far so fingers crossed!!