Advice needed ending a tenancy & buying new house

G_M

BitterAndTwisted wrote: »

Which is the reason why I suggested you let the landlord know of your intentions now.

Even if the LL/agent decides to bring your tenancy to an end, they won't be able to go to court to enforce it until 8th October. And then it could take another month or two before they get a court-date. By which time, God willing, you will have moved.

The one thing which could encourage the LL to issue a S21 is to receive absolutely no communication from you at all. Remember, the agent has ASKED whether you want to go on to a periodic tenancy. This is not normally the action of a party who is going to issue a S21 at the drop of a hat.

One of the bugbares (bears?) of being a LL (admitedlly by no means the worst) is being kept in the dark.

* Tenants who miss a rent payment but don't tell you (if they explain an understandable, temporaray cashflow issue, fine. If silence, you assume the worst: no more rent coming - ever!)

* tenancy ending and no indication if tenant will stay or move out

In this case, the LL is offering a complete range of options and simply wants to know

buddabudda

The major issue is that I havent even exchanged on the property yet and the mortgage application process is not completed yet. If for whatever reason the mortgage application is not approved then I dont want to be on a month to month where I can be hoofed out with a months notice.

Yes I could be giving the landlord full updates on what is happening but it puts me in a very weak position if things fall through with the house purchase.

hellzbellz

I was renting last year tenancy due in May but completion for my new build in July.

do a rolling tenancy. its the only way to have flexibility and avoid unnecessary costs.

worst case the mortgage falls through and if you've been a good tenant they will renew a set contract if required

Guest101

buddabudda wrote: »

The major issue is that I havent even exchanged on the property yet and the mortgage application process is not completed yet. If for whatever reason the mortgage application is not approved then I dont want to be on a month to month where I can be hoofed out with a months notice.

Yes I could be giving the landlord full updates on what is happening but it puts me in a very weak position if things fall through with the house purchase.

LL has to give 2 months notice - i realise thatsnot much better, but atleast you know for sure

buddabudda

I thought that once I was on a month by month either party can give notice period of 1 month? Is that incorrect?

MrLlama

buddabudda wrote: »

I thought that once I was on a month by month either party can give notice period of 1 month? Is that incorrect?

Yes, in month-to-month periodic tenancies the landlord has to give you at least 2 months notice and the tenant only needs to give 1 month. This notice takes effect from the start of the next rent period.

As said above, if they didn't want you to go on a month to month periodic tenancy then they would have given it to you as an option in the first place. My advise would be to go on a month to month but do not tell them anything about your potential upcoming house move - they don't need to know about that.

G_M

buddabudda wrote: »

I thought that once I was on a month by month either party can give notice period of 1 month? Is that incorrect?

Why not read the answers given? See post 10 above:

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?)

Yorkie1

Guest101 wrote: »

A s.21 can be served at any point, but can only be effective, at the end of the fixed term of the AST (IE end of 6 month/12 months, whatever your contract says.) and can only be served with 2 months notice, before the rent due date. So Yesterday, would've be set for september. But now even if they serve you today, it still be 2 full rental months, so 8th August for a period of 2 months.

The notice must be before the rental due date. - as does your 1 month notice.

Just a query, is your deposit protected in a DPS? If not a s.21 cant be served legally anyway.

I wouldn't expect you to be liable for court costs, but i wouldnt rule it out either. It's a no contest judgement. The judge must award possesion to the Landlord, its more the time it takes to get to court that is 3-6 weeks. + then bailiffs etc.

Re 3 months - makes perfect sense. Just word of warning, i dont know any builds that compete on time, so it may be closer to november before you move.

You're best bet in all honesty, is to ignore the agent. You automatically go onto a periodic tenancy after the fixed term ends, and that's month-month.

so on the 9th September, you would be secure until december, and could leave yourself in november - i reckon that's your best bet.

This all ignores the fact that the OP is still in the fixed term period of the tenancy. So everything you've written and which I've highlighted is incorrect.

If the s.21 is (validly) served within the fixed term, it cannot expire until the end of the fixed term - but if the 2 month expiry date is actually after the end of the fixed term, the expiry date is at that 2 month period and does not have to coincide with a tenancy expiry date.

The fixed term expires on 8 September, so if they served a valid s.21 notice tomorrow (10 July), it would expire on or after 9 September.