Moving from rented to own home, when to give notice?

G_M

Are you doing your own conveyancing or using a solicitor? If the former - don't, as you don't understand enough for this. If the latter, ask your solicitor to confim that (as is usually the case) a firm Completion date will be agreed at Exchange on the contract.

The uncertainty is over the Exchange date. Even the day before your 'expected' Exchange date, it can slip (or even get cancelled completely!).

So do not give notice on your tenancy till Exchange has actually happened.

You also said:

We are currently on one month of notice. Our payment date is 27th of the month.

1) "One month notice" is unlikely (but depends if you are in Eng or Scotland, and what tenancy type you have.
2) One Tenancy Period notice is more likely
3) Your "payment date" is totally irrelevant

To understand notice in detail, read:

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?)

grifferz

G_M wrote: »

Are you doing your own conveyancing or using a solicitor? If the former - don't, as you don't understand enough for this. If the latter, ask your solicitor to confim that (as is usually the case) a firm Completion date will be agreed at Exchange on the contract.

Of course using a solicitor as we know we don't know enough!

So okay, you are in the "completion date is fixed once the exchange has happened" camp?

Naturally we would confirm anything learned here with solicitor when the time comes, but I really like to know what to expect.

G_M wrote: »

1) "One month notice" is unlikely (but depends if you are in Eng or Scotland, and what tenancy type you have.
2) One Tenancy Period notice is more likely
3) Your "payment date" is totally irrelevant

Yep, SPT with monthly tenancy period, payment date aligned with tenancy period.

Thanks!

HappyMJ

Me....I'd hand in my notice now and if I had to stay an extra week or two then I'd just stay and not hand the keys in until I could move into the new property. You can stay after you give notice and the landlord has to take action to get possession...you'd be in breach of contract but hey you have your own home now and won't be needing rental references again.

G_M

grifferz wrote: »

So okay, you are in the "completion date is fixed once the exchange has happened" camp?

Not really a camp. The facts are:

* 99% of property contracts have a fixed Completion date within them. Once the contract is 'Exchanged', the Completion date is legally binding on both sides
* the 1% is New Builds, where the property is not yet finished, so a Completion date is dependanton the weather (for construction) and a host of other variables.
* Of the 99%, it is rare for the Completion date to be missed or slip. In the 5 years I have been contributing to this forum, I have seen 2 examples.
* This is well above average, because it is only buyers/sellers who hit a problem who tend to post here. Very few of the thousands who buy each years start posts here to say " We bought a house and it all went well."!
* I have heard from/seen/know conveyancing solicitors who have never come acros an example of a missed completion date. Late - yes. Last minute pressure and panic - common.

edit: glad you're on top of the tenancy rules though :beer:

grifferz

HappyMJ wrote: »

Me....I'd hand in my notice now and if I had to stay an extra week or two then I'd just stay and not hand the keys in until I could move into the new property.

It's a nice dream!

However, it's taken us four months to find this property and if it falls through it could take us a good few months to find another. It's stressful enough as it is without being in legal dispute with the landlord, so, I think we're happy to wait until exchange has happened at the very least.

Also as much as we all like to grumble about landlords I do personally believe that agreements should be stuck to, and that includes tenancy agreements - no offence intended!

Yorkie1

HappyMJ wrote: »

Me....I'd hand in my notice now and if I had to stay an extra week or two then I'd just stay and not hand the keys in until I could move into the new property. You can stay after you give notice and the landlord has to take action to get possession...you'd be in breach of contract but hey you have your own home now and won't be needing rental references again.

Whilst references might not be needed, the financial penalties for a tenant who overstays after giving notice are pretty hefty (double the rent?? - would need to check this out). It is not the same as if the tenant has chosen to stay after receipt of a s.21 notice or pending bailiffs.

Also, it is highly selfish to do this. A LL is entitled to rely on the notice given by a tenant to leave, and may well have got new tenants lined up to move in just after the outgoing tenant's notice has expired.

Simply deciding to stay on a bit, will have huge implications on those incoming tenants.

The move dates are eminently plannable. Don't do what this poster has suggested and selfishly impact on others.

G_M

HappyMJ wrote: »

Me....I'd hand in my notice now and if I had to stay an extra week or two then I'd just stay and not hand the keys in until I could move into the new property. You can stay after you give notice and the landlord has to take action to get possession...you'd be in breach of contract but hey you have your own home now and won't be needing rental references again.

* morally - unjustifiable
* legally - outrageous
* practically - foolhardy

What if Exchange does not happen at all?! Seller changes their mind? Or gets hit by bus? Or their purchase falls through?

And what about the LL who is making future plans? Oh yes, ALL landlords are rubbish and deserve to be treated.....

And what if a new tenant is lined up? LL has marketed property in good faith; OP has good relationship with LL so has allowed viewings; new tenant is waiting in the wings.........

This kind of selfish attitude is too prevailant in all aspects of life nowadays.