Notice dates at end of AST from landlord

patricia..xx

We are in a 6 mth lease until the middle of April. We are looking to buy a house, and the house we are renting has just been sold (albeit the purchasers allegedly don't want to move until August).

I have tried to find the answer to this elsewhere but can't for some reason.

Basically we are happy to go onto a rolling monthly tenancy and give notice when we exchange on a house we want to buy.

The landlord has not mentioned what he wants to do at the end of the fixed term. I have 2 qns

1. I know as a tenanat we can just leave on the last day with no notice, but can the landlord ask us to, or does he have to give notice?

2. If he has to give notice when can he give it - 2 months now even though fixed term hasn't ended yet, or only 2 months from the date of the rolling tenancy

I know I could ask his plans, but I am worried if we ask him it will prompt him into action, rather than (hopefully) him being a bit naive about what he needs to do. I am in no way pulling the wool over his eyes, and we will leave when asked, but I would prefer this was July time to give us time to complete a purchase as opposed to 2 months from today which wouldn't

princeofpounds

1. I know as a tenanat we can just leave on the last day with no notice, but can the landlord ask us to, or does he have to give notice?

Yes, he has to give you at least 2 rental periods notice with a valid S21 notice. Just check your paperwork to make sure you weren't served with one early on in your tenancy (although often if this is done it's not valid).

2. If he has to give notice when can he give it - 2 months now even though fixed term hasn't ended yet, or only 2 months from the date of the rolling tenancy

2 full monthly rental periods at any point, to end no earlier than the end of the fixed term.

Even if the notice expires it does not mean you have to leave (though normally you should), simply that the LL can now apply to a court to make your leave.

If your tenancy ends mid April, you can still be in the house in July almost certainly, if you are prepared to deal with a dispute. But obviously if your purchase doesn't work out you might be in a tougher spot finding a new rental.

00ec25

technically, following a recent test case, the LL now only has to give 2 calendar months notice, not 2 rental periods notice
read GM's updated post on ending tenancies
http://forums.moneysavingexpert.com/showpost.php?p=52421475&postcount=6

so a Section 21 notice could be served tomorrow and would be correct provided the 2 months is up after the end date of the fixed term

once the SPT has started then a S21 notice simply has to give you 2 calendar months notice

all this assumes of course that a S21 can be validly served: ie deposit protected, proscribed info given.

princeofpounds

Thanks for the update

jjlandlord

00ec25 wrote: »

technically, following a recent test case, the LL now only has to give 2 calendar months notice, not 2 rental periods notice.

so a Section 21 notice could be served tomorrow and would be correct provided the 2 months is up after the end date of the fixed term.

Note that s.21 notices served during a fixed term tenancy could always expire on any day after the expiry of the fixed term tenancy, this is not from this decision.

patricia..xx

Thanks all!

Don't think it matters, but we paid the rent up front, but will go on to pay monthly from mid-April. Can anyone confirm? Many thanks