Notice period blues (tenant side)

taranjs

Hi pals,

The notice period I am supposed to give my landlord is 1 month but I have already entered the last month of the '12 month fixed term tenancy', a week ago (23rd Jan).

It might be another week before I am able to confirm whether the next house I am going to move in has all the documents/process sorted and that's when I would be comfortable handing a notice to my landlord.

So, the 1 month notice I am supposed to give,
1. would it end on 30 days from the day I hand over notice OR
2. on 23rd Feb OR
3. on 23rd March?

What's the best thing to do if I do not want more than 1 week (the time I need to comfortably complete the move) to overlap between the current house and the next house so that I am not paying for two tenancies at the same time for more than a week?

Also, I do not want to shock the landlord with short notice but I also fear if I handover notice already today and my move into the next property is not cleared or delayed due to any reason, my landlord might evict me (is that a possibility)?

[Deleted User]

What day does your tenancy agreement start.

You don't have to give notice at all.

You can just move out on the last day of your tenancy agreement. However if you go one day over, you do then have to give a month's notice.

You could let your LA know your intentions.., as a courtesy.

I'm afraid having to pay for both properties if dates don't work out nicely is just something you will have to do unless the LL can be persuaded otherwise. That may be out of your control.

It will take a LL around three months or more to evict you. They would have to give a S21 (if they haven't already), serve out the two months notice in that, then apply to the courts for a possession order, then when the date of the possession order is up (usually a further two weeks unless u apply for an extension due to special reasons) they would have to apply for a bailiffs warrant. This process will cost you £390 as you would have to pay the costs.

I would advise you to ring Shelter or look on Shelter's website.., you don't really seem to know what you are dealing with.

Pixie5740

The following advice assumes you are in England or Wales.

When did 12 month fixed term start? 24th January 2015 or 24th February 2015? If it's the latter then you don't have to give any notice at all as the fixed term ends at, well the end of the fixed term. (You do at some point need to let the landlord know you're leaving at some point though.) If it's the former then you now have either a Contractual Periodic Tenancy (CPT) or a Statutory Periodic Tenancy (SPT).

Check your tenancy agreement to see what it says will happen at the end of the fixed term. If it says nothing then you have a SPT.

See Ending/Renewing an AST for further information.

G_M

taranjs wrote: »

Hi pals,

The notice period I am supposed to give my landlord is 1 month but I have already entered the last month of the '12 month fixed term tenancy', a week ago (23rd Jan).
then you do not need to give any notice. at the end of the fixed term your contract ends. that's what 'fixed term'means!

It might be another week before I am able to confirm whether the next house I am going to move in has all the documents/process sorted and that's when I would be comfortable handing a notice to my landlord.
No problem. See above

So, the 1 month notice I am supposed to give,
1. would it end on 30 days from the day I hand over notice OR
2. on 23rd Feb OR
3. on 23rd March?
Notice given during a fixed term has NO legal force so is irrelavant

What's the best thing to do if I do not want more than 1 week (the time I need to comfortably complete the move) to overlap between the current house and the next house so that I am not paying for two tenancies at the same time for more than a week?
Have an informal chat with your landlord once you know your plans, and arrange to hand back the keys.

Also, I do not want to shock the landlord with short notice but I also fear if I handover notice already today and my move into the next property is not cleared or delayed due to any reason, my landlord might evict me (is that a possibility)?

You cannot be evicted before the fixed term ends.

And anyway, eviction requires a S21 Notice which takes 2 months.

The above all asumes you are in England/Wales.

Now 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?

taranjs

This really helped a lot. Thanks everyone. I am now a confident tenant

wealdroam

taranjs wrote: »

This really helped a lot. Thanks everyone. I am now a confident tenant

What a relief.

We can now move on to the next problem.

A confident tenant eh?