Terminating current tenancy - tell landlord once exchanged on new place?

marmage

In theory I'm supposed to give my landlord two months termination notice as stated in my contract (Shorthold Assured Tenancy Agreement) - though I assume he may accept one month.

Due to the fact that nothing is certain until contracts are exchanged with the place I'm buying, would it be best to wait until then to let my current landlord know about ending my tenancy? I'm ready to go soon as really - there are no chains either side, and the tenants of the seller's property have now moved out. It should be a straight forward transaction (touch wood fingers crossed!).

Should I just risk losing a possible two months rent by ending my tenancy later, or give my landlord earlier notice and risk being homeless if the sale doesn't go through/ not knowing when it goes through. What's the most sensible way of going about it?

Many thanks!

G_M

Only you can decide on the reality of homelessness - and what this would mean to you.

Remember if you give notice and don't move out you may have to pay double rent...

* Ending/renewing an AST: what happens when a fixed term ends? How can a LL or tenant end a tenancy? What is a periodic tenancy?

dimbo61

Are you still in a fixed period ie the first 6/12 months or are you now on a periodic tenancy ?

Pixie5740

Shorthold Assured Tenancy? Are you in Scotland or do you mean Assured Shorthold Tenancy (England & Wales)? It makes a BIG difference.

G_M

Pixie5740 wrote: »

Shorthold Assured Tenancy? Are you in Scotland or do you mean Assured Shorthold Tenancy (England & Wales)? It makes a BIG difference.

Missed that Pix - good question.

marmage

Periodic tenancy - there 5 years+ now
Assured Shorthold Tenancy in England/Wales

Cheers

G_M

marmage wrote: »

Periodic tenancy - there 5 years+ now
Assured Shorthold Tenancy in England/Wales

Cheers

Contractual or Statutory?

See

* Ending/renewing an AST: what happens when a fixed term ends? How can a LL or tenant end a tenancy? What is a periodic tenancy?

marmage

There isn't anything in the contract saying that a Contractual Period Tenancy would follow, so I assume it isn't that?

Hoploz

I am a believer in communication. Let the LL know the situation. Tell him you will give the required notice but he might appreciate the heads up earlier. Especially as you've been there so long, and he won't be expecting you to leave all of a sudden. It could be that he will let you out of the contract earlier than the two months if it is convenient to you and to him, eg he might find a new tenant quickly. You shouldn't give the official notice until exchange on your purchase, so yes you could well end up paying rent and mortgage for a month or so. But I imagine you will receive funds from your deposit afterwards which might help your cashflow a bit. The other option is to exchange on your purchase but try and arrange a long period before completion, it may or may not be convenient for your seller.

G_M

marmage wrote: »

There isn't anything in the contract saying that a Contractual Period Tenancy would follow, so I assume it isn't that?

OK - so it's a SPT. In that case

I'm supposed to give my landlord two months termination notice as stated in my contract

does not apply. Notice is one full tenancy period. If you pay rent monthly your periods are monthly.

Read:

* Ending/renewing an AST: what happens when a fixed term ends? How can a LL or tenant end a tenancy? What is a periodic tenancy?

The notice specified in the contract would only apply if the periodic tenancy were contractual.

marmage

Hi everyone, many thanks for the links and help.
I just need to ensure I absolutely understand my position before writing to my landlord (I think I will tell him early as he has been pretty good to me).

The clause in my Assured Shorthold Tennacy Agreement says'

" In accordance with the Housing Act 1988, both parties may give the other party 2 months' notice of termination of this agreement at any time from the expiration of 4 months from the date of commencement of this agreement. "

Despite that 2 months is required as specified in the contract, the fact that I am now past the initial period and the contract has kept rolling without a renewal, does that mean the clause can be overridden by a one month notice?