What notice should I give

BGB

We recently had an offer accepted on a house as FTBs. However, we are currently renting. We had to extend our agreement a couple of months ago and agreed to an 18 months extension with a 3 month break clause. We paid the money (and the hike in rent) and signed the contract and sent it back. 1 month later we get a call asking us where the contract is, so we explain and we get a new one. However, we now have the contract but offer is accepted. Question is, where do we stand? If we do not return contract (and TBH they aren't chasing) is 1 month enough or as we have paid the fees, etc. are we bound by the 3 months.

TBH, we are waiting on exchange and completion dates as there is chain above and I'd ideally like to give my LL as much of that 3 months as we can but if we get a completion date in 1 month say then we would be struggling to pay an extra 2 months rent (I appreciate that we do have some power over this though).

theartfullodger

As you have started paying increased rent you've accepted the new tenancy agreement & provided evidence you've done so.

A tenancy agreement of less than 3 years in E&W does not need to be written or signed at all.

Time to grovel & negotiate with landlord & agent.

Don't however give ANY notice until you've exchanged & solicitor tells you the deal is certain.

Sorry, but any sensible landlord will agree to a deal... (sadly not all landlords are sensible..)

yatinsardana

My dad had a similar (ish) situation 2 months ago. He was renting and there were 3 months left in the contract (I know you're in a different situation) and he ended up negotiating with the landlord and agents that they would put the house up for rent and if it goes, then landlord is ok but if not, then we'd have to pay the 3 months rent. Into the 3rd month... we're still paying. That's the shorter story.
I think in principle when my dad asked around the result was that if you're in contract, you can't dictate things - you just need to butter up the agent and LL.
From the LLs perspective, he shouldn't have a problem as long as he gets the rent from somewhere. But to think that he'll agree to you leaving even if the house doesn't go on rent is unusual.

G_M

As artful says, paying the new rent implies acceptance of the new contract terms.

Do not give notice till you have Exchanged.

What is the wording of the 3 month break clause?

how is your relationship with the LL? Discussion is always the way forward.

BGB

Thanks for the help. We have the option of moving in with friends round the corner if things take too long so we may be tempted to give notice soon and see how it pans out.

We get on pretty well with the LL but it is complicated as he doesn't own the property himself (family member we never see) it's also managed by one of, if not the, largest and most incompetent letting agent in the country. We have had virtually no dealings with them as we just speak to the LL direct regarding repairs.