Confusion over rental notice/buying a house - help!!

boxingbantz

So, me and my girlfriend our buying our first house together (we are currently in rental accomodation). The seller has given their tenants (the house is currently rented) their two months notice on May 1 which means they have to vacate the property on July 1.

We rent a property with the company we are buying through and our AST is due to expire on 26th June 2014. I approached the landlord (through the agent/the estate agents) and asked for a rolling contract. At first they said no but they have now agreed to put us a periodic tenancy but with the agreement we give two months notice...

I have checked our original AST as I know, by law, once a tenacy agrees the landlord must give two months notice and the tenant ony has to give one - which would be perfect for us with timescales for moving etc.

I have checked the small print in the AST and it states the following:

"The required notice period for the tenant to vacate the premises is not less than two months notice to the landlord to terminate the tenacy on or before the rent due date to expire or after the last day of the fixed term in writing"

Does this mean that we are stuck with the two months notice? Even though the AST has expired? Also, could we give them notice this month that we wish to leave and, therefore, leave on the 26th July 2014 (provided we gave notice on writing on the 26th May)?

This doesn't sound like this two months notice of a periodic tenancy is a help to us at all?

PasturesNew

No, a rolling contract is your RIGHT (although they do have the right to then give you a section 21 which wouldn't matter).... and it's ONE month's notice from you - one month from the next rent date (not one month from any date).

They can write what they like in the agreement, you can sign it - doesn't mean it's enforceable.

To move out on a 26th, your original/current agreement should start on 27th. You move out the day BEFORE. Think in terms of a whole month - if you'd started on the 1st you'd be leaving ON the last day of the month, not the 1st of the next month.

boxingbantz

So, basically, if we don't sign anything, once the AST has expired, we only have to give one months notice - regardless of it states two in the AST?

PasturesNew

boxingbantz wrote: »

So, basically, if we don't sign anything, once the AST has expired, we only have to give one months notice - regardless of it states two in the AST?

Yep - keep watching and somebody will post a link shortly, directly to a proper site where it says that so you know what you're quoting if they ever query it (which they might).

boxingbantz

Hi,

Thanks for your info.

I found this elsehwere - is this similar?

"After the expiry of the fixed term, you must give 1 months notice and that notice must expire on the last day of a tenancy period. Any terms in your contract regarding tenant notice are specifically excluded from the periodic tenancy by section 5(3)(e) of the 1988 Housing Act:

""..the other terms are the same as those of the fixed term tenancy immediately before it came to an end, except that any term which makes provision for determination by the landlord or the tenant shall not have effect while the tenancy remains an assured tenancy"

HB58

However, you need to be cautious before giving in your notice. The notice served to the vendor's tenants does not mean that they have to vacate the property on 1st July (or even 30th June). Rather, it means that the LL can start to take steps to evict on that date, it could take months if the tenant/s don't want to go.

boxingbantz

HB58 wrote: »

However, you need to be cautious before giving in your notice. The notice served to the vendor's tenants does not mean that they have to vacate the property on 1st July (or even 30th June). Rather, it means that the LL can start to take steps to evict on that date, it could take months if the tenant/s don't want to go.

Ok fair enough, thanks for the advice.

Is the above post correct? Even though it says two months notice, once the AST expired, it's the statutory 1 month?

G_M

1) Just because your sellers have given their tenants 2 months notice does not mean the tenants will leave on July 1st. If they stay, it could take the sellers another 2 - 4 months to evict them.

You should certainly not Exchange contracts till you've re-viewed the property and checked the tenants are gone. My advice would be not to spend money on surveys, legals etc till the tenants are gone.

2) Your tenancy. You simply do not sign a new tenancy agreement. You will automatically move to a SPT (see below) and have to give one (+ a bit) months notice. That is set down in the Housing Act 1988 .

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?)

edit: the advice above asumes you are in England or Wales, and do not have a Contractual Perioic Tenancy.d

Paulaviki

We are currently buying a house and have been renting the same house for 7 years now. We are likely to be exchanging in the next two weeks but won't give our notice on the rented place until we have a completion date (fortunately no chain!).

Unless you can store your furniture etc and stay with family, I wouldn't give notice too early. Better to budget for an overlap on the houses than be homeless if something delays completion. I know someone whose purchase fell through on moving day and I don't want that risk.

Kynthia

Paulaviki wrote: »

We are currently buying a house and have been renting the same house for 7 years now. We are likely to be exchanging in the next two weeks but won't give our notice on the rented place until we have a completion date (fortunately no chain!).

I assume you mean you won't give notice until you've exchanged contracts (not just signed them)? That's definitely the sensible and safe option if you don't want to risk being homeless.

Paulaviki

Kynthia wrote: »

I assume you mean you won't give notice until you've exchanged contracts (not just signed them)? That's definitely the sensible and safe option if you don't want to risk being homeless.

Yes, sorry that wasn't clear! We will only be giving notice when we've exchanged. Fortunately we only have to give one month's notice on our rental place. Also the overlap means we can decorate the new house, move slowly and have time to clean the rental before handing back the keys.