Statutory Periodic Tenancy - notice

Bazshawkins

Hi,
My partner and I are nearing exchange on our first property. We currently share a rental flat with a couple of friends, and have been on a rolling SPT since August 2012.

We pay rent on the 7th of each month, but the tenancy date runs from 11th to 10th of the month.

We are hoping to exchange on the purchase within days. My question is, do we need to serve notice by the 7th, or the 10th, of January in order to be out be 10th February without being liable for any rent beyond what we pay on 7th January?

Our sellers, and the other end of the chain above them both want to complete by 18th January, which suits us as long as we don't have to pay another month's rent on 7th Feb just because we've missed the deadline for giving notice.

As you can imagine, a couple of extra days grace could really help and save us having to pay an extra months rent if we don't need to.

Thanks in advance.

chris_m

Why not serve it by the 7th to be sure?
You can always state the your intended date of departure is 10th Feb as per the tenancy date.

G_M

Do not give notice until you have Exchanged.

Read here for details of notice required:

Ending/Renewing an AST (what happens when the Fixed Term ends?)(What is a Periodic Tenancy?)(How can a LL remove a tenant?)(How can a tenant end a tenancy?)

julieb1987

Notice is usually 1 rental period (in your case 11th-10th), so it would be served by 11th. Of course, you can serve it earlier to end at the end of the next rental period (10th Feb).

I agree with G_M, don't serve your notice until you exchange...someone could still pull out of the sale and you could find yourself homeless.

G_M

julieb1987 wrote: »

Notice is usually 1 rental period (in your case 11th-10th), so it would be served by 10th. Of course, you can serve it earlier to end at the end of the next rental period (10th Feb).

...............:beer:................

julieb1987

G_M wrote: »

...............:beer:................

Haha I put 10th, then changed to 11th, then back again, and again!

Bazshawkins

Thanks all,
chris_m, as the others have said, I'm not serving notice earlier because I don't want to do so until we've exchanged - I probably should have mentioned that in the OP.

If it is the start of the tenancy period, rather than the date we pay rent, then that gives us until next Thursday to exchange (or sooner, as I'd like to get a letter in the post at least the day before). Fingers crossed!

Yorkie1

I think if you get the letter in the post by 1st class post, it is deemed served 2 working days after posting. Do not rely on it being deemed served the following day - unless you hand deliver it with a witness.

G_M

Yorkie1 wrote: »

I think if you get the letter in the post by 1st class post, it is deemed served 2 working days after posting. Do not rely on it being deemed served the following day - unless you hand deliver it with a witness.

Correct Yorkie.

The Notice must be served on/before the final day of the Tenancy Period.

'Service' is the date received NOT the date posted. 1st class post is legally assumed served 2 working days later. Hand delivery = served the day it is delivered, but best to have a witness to verify the date IF there is ever a dispute.

ValHaller

Bazshawkins wrote: »

Our sellers, and the other end of the chain above them both want to complete by 18th January, which suits us as long as we don't have to pay another month's rent on 7th Feb just because we've missed the deadline for giving notice

Get the message to them now that they need to exchange by the 8th Jan for you to give notice by the 10th, otherwise you will not complete for another month. If they are less than 100% accepting, you know that in reality they are not ready to exchange, so you should not risk giving your own notice.

Bazshawkins

ValHaller wrote: »

Get the message to them now that they need to exchange by the 8th Jan for you to give notice by the 10th, otherwise you will not complete for another month. If they are less than 100% accepting, you know that in reality they are not ready to exchange, so you should not risk giving your own notice.

Yep, already told them that if we don't exchange and give our notice by this date, we won't be completing for another month unless they fancy paying our extra month's rent for us.

Letting agent also know the situation, and have been understanding so far. I'll make sure to get proof of postage and send from two post offices as advised by G_M.