When to hand in notice - currently renting and now buying

chrisquinze

I was wondering if anyone could offer any advice.

I am currently living in rental accommodation and in the process of buying a flat. The notice period on my rented place is 2 calendar months.

At what point in the buying process should I be looking to serve notice on my tenancy agreement? Presumably at point of exchange of contracts a completion date is set and this might be an option but if the sale was to fall through I might be left without a place to live. I suppose the only safe alternative is to serve notice on completion day but then I am potentially liable for 2 months unused rent.

dancingfairy

I think I would try and exchange close to the begining/end of a rental period, and give my notice at the same time as exchange and try and complete as near to the end of the tenancy as possible. So something like 2 days before new tenancy period exchange, next day give your 2 months notice and then complete 6-8 weeks later.
df

jamie11

chrisquinze wrote: »

I was wondering if anyone could offer any advice.

I am currently living in rental accommodation and in the process of buying a flat. The notice period on my rented place is 2 calendar months.

Are you still in a fixed contract or in a statutory periodic tenancy?

It makes a difference.

Fire_Fox

Welcome! Under the legislation the tenant needs to give one rent period of notice - if you pay rent monthly one month's notice - whereas a landlord needs to give two months. My knowledge is a bit rusty but IIRC your tenancy agreement does not trump the legislation. http://www.landlordzone.co.uk/notice_to_quit.htm
Be sure to serve notice to quit by recorded delivery in plenty of time or two copies from different post offices with proof of postage. You don't want your landlord claiming not to have received it.

Once you have exchanged contracts it is VERY rare for the sale not to complete on the allotted day, the sellers would be in breach of contract and their solicitor would be advising them in the strongest terms to complete. It's much more likely exchange will fall through at the last minute so serve your notice to quit just after exchange if that works with your rent periods.

pmlindyloo

Are you sure that you have to give 2 calender month's notice?

Is this because you are using a break clause or something that you have agreed with the landlord?

There is no need to give any notice at the end of a fixed term (although it is polite to do so) and one month's notice if you are on a periodic tenancy.

You can try to work it so you are not liable for any rent whilst you are not living there but whatever you do, don't give notice until you have exchanged.

You could let your solicitor know that you require a certain length of time between exchange and completion but this has to be agreed with your buyer.

Sometimes there is no way to avoid this 'dead' money. Some landlords are very reasonable and if you allowed some viewings for the new tenants it might go in your favour as regards negotiating an end date for your tenancy.

Werdnal

Fire_Fox wrote: »

. Be sure to serve notice to quit by recorded delivery in plenty of time or two copies from different post offices with proof of postage. You don't want your landlord claiming not to have received it.

No! Never send by recorded delivery!!!!!!!! It needs to be signed for, and if no-one in the receive it, it is returned to the PO for collection. If no-one collects, it sits there for 14 working days and is then returned to sender - hence the notice is never received and you have to start again!

Post first class, keep free proof of posting. First class mail is deemed as delivered (therefore notice served), 2 working days after posting, so be sure to allow atleast 2 extra WORKING days (remember this if you post on a Friday or public holiday gets in the way) on top of the month notice to ensure it arrives in time to be effective by the following month.

Fire_Fox

Werdnal wrote: »

No! Never send by recorded delivery!!!!!!!! It needs to be signed for, and if no-one in the receive it, it is returned to the PO for collection. If no-one collects, it sits there for 14 working days and is then returned to sender - hence the notice is never received and you have to start again!

Post first class, keep free proof of posting. First class mail is deemed as delivered (therefore notice served), 2 working days after posting, so be sure to allow atleast 2 extra WORKING days (remember this if you post on a Friday or public holiday gets in the way) on top of the month notice to ensure it arrives in time to be effective by the following month.

Of course you can use recorded delivery if you do it "in plenty of time" as I stated. Delivery can be checked online very easily these days. I've never had a recorded delivery item go to the Post Office, they go to the Royal Mail depot here after two attempts.

Werdnal

Fire_Fox wrote: »

Of course you can use recorded delivery if you do it "in plenty of time" as I stated. Delivery can be checked online very easily these days. I've never had a recorded delivery item go to the Post Office, they go to the Royal Mail depot here after two attempts.

But why complicate matters and risk delaying when normal 1st class post is fine?

By PO, I meant the RM Sorting office, but the fact remains, that if no-one is in, or willing to sign for it (if sending direct to a LL home address this is a distinct possibility), then the notice is not delivered, and tenant may be none the wiser until it is returned to sender!

OP is looking to minimise the overlap between properties, so plenty of time may not be an option!

julie03

Fire_Fox wrote: »

Of course you can use recorded delivery if you do it "in plenty of time" as I stated. Delivery can be checked online very easily these days. I've never had a recorded delivery item go to the Post Office, they go to the Royal Mail depot here after two attempts.

doesnt always work , we sent a cheque by special delivery and it was never picked up from sorting office but ended back with us after a month

Fire_Fox

Werdnal wrote: »

But why complicate matters and risk delaying when normal 1st class post is fine?

By PO, I meant the RM Sorting office, but the fact remains, that if no-one is in, or willing to sign for it (if sending direct to a LL home address this is a distinct possibility), then the notice is not delivered, and tenant may be none the wiser until it is returned to sender!

OP is looking to minimise the overlap between properties, so plenty of time may not be an option!

You are having an apopleptic fit about nothing, I covered all that
"Be sure to serve notice to quit by recorded delivery in plenty of time or two copies from different post offices with proof of postage. You don't want your landlord claiming not to have received it .... Delivery can be checked online very easily these days."

Belt and braces was given as an option because "The notice period on my rented place is 2 calendar months." and we have had landlords claim non receipt before when they only get one months notice.

snozberry

I erred on the side of caution when I bought my house. I had to give two months notice but I did it either side of my completion date. In other words, I handed in my keys a month after my house became mine. I did it this way to avoid any problems should my house sale be delayed and it gave me extra time to move my stuff out and to give my flat a thorough cleaning.

I hate rushing so having my rented flat for an extra month really helped me and it was also good having that extra time to decorate with no clutter around. I know that some might argue that it was a wasted expense but it was, in my book, money well spent.