Staying in rented property 1-2 weeks longer than specified in the notive

phemark

Hi,

We are buying a flat and our move in date should be the middle-end of February (new build, handover is expected in a month). Our rent contract is on the 26th of the month, with 2 months notice.

If we give notice now, to move out on the 26th of February, and if our move in date is delayed by 2-3 weeks, can we stay a bit longer in our current flat (while still paying rent)? Or would something bad happen to us and we should not do it?

Its more likely that we will be able to move in by the end of Feb, but there is a small chance that this wont happen. However, we dont want to pay rent for March, if we move in by the end of Feb to our new flat.

Any advice helps,
Thanks

HappyMJ

You only need give one months notice (on a rent day) to terminate the tenancy. So you could give notice 26th January to move out on 25th Feb.

The 26th Feb would be the first day of the next rental period...you shouldn't be there on that day. If you do stay on you'll be liable for more than just the rent but there is no harm in asking the LL in advance to see how flexible they are. If they have found someone to move in on the 26th Feb then they won't want you to still be there.

theartfullodger

Minor point: It's not the rent day that notice needs to terminate on but the tenancy-period day (can be different), at least one month: And tenant's notice can expire last or 1st day of period, but tenant must depart by end of last day.

Cheers!

phemark

Hmmm, my contract says that we must give 2 months notice. HOWEVER, it expired 2 months ago (was 1 year contract), and now we are on a rolling contract (we didnt sign anything new though) - does this mean that one month notice is enough? Is it all legal and good (even if original contract said 2 months)?
That would make things much easier for us

fishpond

Hotel, B&B, Tent, or chat to LL(if LL agreeable, get it in writing).

G_M

phemark wrote: »

Hmmm, my contract says that we must give 2 months notice. HOWEVER, it expired 2 months ago (was 1 year contract), and now we are on a rolling contract (we didnt sign anything new though) - does this mean that one month notice is enough? Is it all legal and good (even if original contract said 2 months)?
That would make things much easier for us

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?)

If you give valid notice (or an offer to surrender early that the Landlord accepts) and then don't leave, you can be charged double rent.

But as in all cases, rather than rely on the law and minimum notice periods etc, why not discuss amicably with the LL and reach amicable agreement? You can agree any notice period, and end the tenancy on any date, provided both sides agree. (confirm in writing).

Pixie5740

Have you actually exchanged yet on the property you're buying? If not do not give any notice yet.

Hoploz

It's always tricky, but I've read a few stories on here lately about new builds going way over agreed time scales, so I'd be reluctant to give notice until you're sure. If you end up paying an extra month or two rent it's worth it to have the peace of mind, I think. You have to be fair to your LL - if you say you're leaving at a certain time you need to go. Have a chat to LL if you're on good terms. He will prob be reasonable, but he has to know when the place will be vacated so he can get it marketed and re-let accordingly.

jjlandlord

G_M wrote: »

If you give valid notice (or an offer to surrender early that the Landlord accepts) and then don't leave, you can be charged double rent.

Just to say that this is not true in case of offer to surrender.

G_M

jjlandlord wrote: »

Just to say that this is not true in case of offer to surrender.

Thanks for the correction, if true.

But surely if the offer has been accepted by the LL, then the Distress For Rent Act 1747 S18 would apply no?

Soot2006

why not discuss amicably with the LL and reach amicable agreement? You can agree any notice period, and end the tenancy on any date, provided both sides agree. (confirm in writing).

You have some good advice from many posters; in my experience, communication is absolutely key. You make their life easier by being helpful showing prospective new tenants around, they make your life easier by allowing you to leave at a more convenient time ... etc!