Are we too late to give a months notice?

Lionel_Thinkbag

Hi all, you'll have to forgive me if this seems garbled I'm fighting off a virus and am stressing and sleep deprived!

So, the end is finally in sight...ish, our solicitor has the deposit funds, and we've signed everything we have to. We haven't yet exchanged contracts but that is going to be happening either today or tomorrow.

(We are in England) Our tenancy started on the 30th April 2014, and was for an initial 6 months, and then a periodic tenancy (we didn't sign any new agreement) It is our understanding that we have to give one months notice, but I've been reading all sorts of stuff regarding giving notice and I have confused myself.

Am I right in thinking that I would have to hand our notice in today and not tomorrow? Ie: If I hand it in tomorrow, we'll have to pay all of Decembers rent as well? EDIT: Should add that I'd be taking it to the Letting Agents in person.

I realise it isn't ideal given that we haven't exchanged contracts yet, but we do expect to be doing that asap and can always stay with family temporarily if needs be.

Pixie5740

Assuming you pay your rent monthly then your tenancy periods run from 30th to the 29th. To end your tenancy 29th November you would need to serve notice before 30th October so ideally you want to hand deliver that today.

See Ending/Renewing an AST for further information.

As for exchanging contracts asap, "The best-laid schemes o' mice an' men, gang aft agley."

Guest101

Yes today, preferably video tape yourself delivering it so that dates are not disputed

HappyMJ

If you hand in your notice today you'll be okay. Depending on the exact wording in your tenancy agreement you could hand in your notice tomorrow too but that's taking a bit of a risk if you don't want to be in the property in December.

You really should wait until contracts have been exchanged and you have a completion date though.

danslenoir

Lionel_Thinkbag wrote: »

Hi all, you'll have to forgive me if this seems garbled I'm fighting off a virus and am stressing and sleep deprived!

So, the end is finally in sight...ish, our solicitor has the deposit funds, and we've signed everything we have to. We haven't yet exchanged contracts but that is going to be happening either today or tomorrow.

(We are in England) Our tenancy started on the 30th April 2014, and was for an initial 6 months, and then a periodic tenancy (we didn't sign any new agreement) It is our understanding that we have to give one months notice, but I've been reading all sorts of stuff regarding giving notice and I have confused myself.

Am I right in thinking that I would have to hand our notice in today and not tomorrow? Ie: If I hand it in tomorrow, we'll have to pay all of Decembers rent as well? EDIT: Should add that I'd be taking it to the Letting Agents in person.

I realise it isn't ideal given that we haven't exchanged contracts yet, but we do expect to be doing that asap and can always stay with family temporarily if needs be.

Yes, if the contractual period for your tenancy starts on the 30th of the month, you will need to hand in your notice today for it to expire on the 29th November if it's a one-month periodic tenancy.

However, you can't be 100% sure that everything will go smoothly and that you will complete before November 29th, so I'd personally hold off until the keys for your purchase property are in your hands if you want to avoid potentially having to find temporary accommodation for you and your belongings.

G_M

Lionel_Thinkbag wrote: »

We haven't yet exchanged contracts but I am hoping [STRIKE]that[/STRIKE] is going to be happening either today or tomorrow.

Don't give notice till you've Exchanged.

Notice can be served on the last, or first, day of a tenancy period ( Crate -v- Miller [1947] ) so serving on the 30th is fine.

This assumes you have a Statutory Periodic Tenancy, not a Contractual Periodic Tenancy. If it is Contractual, notice is as defined in the contract/tenancy areement.


* 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?