How to give rental notice?

Help1234

Hello, we are in the process of buying a house and will hopefully be exchanging and completing in January.
We are currently renting. We had a six month tenancy agreement, which expired in March 2017 but it has just been rolling since and we have not signed any further paperwork.
We pay rent on the 24th of every month and moved in 24th September 2016.
When we exchange and want to give notice, so we have to wait until the 24th or can we give our notice any day of the month?

G_M

we have to wait until the 24th or can we give our notice any day of the month?

You can give notice any day. The issue is around how long that notice is (ie when it expires).

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?

Help1234

I’ve checked our contract and it says should the Periodic Tenancy continue beyond the fixed term contact then thenotice is to expire at the end of the monthly anniversary.
What does this mean?

G_M

Sounds like you have a CPT. Also sounds like (another) poorly worded contract!

Please quote the exact words.

Help1234

“The tenants are required to give to the landlords not less than one full months notice in writing of their intention to terminate the lease at the end of the fixed term. Should the tenancy continue as a Periodic Tenancy at the end of the fixed term the notice is to expire at the end of the monthly anniversary”.

thelem

Until you've exchanged, your vendor can decide to change the date or even pull out completely and there is nothing you can do, so think very carefully if you intend to give notice before you've exchanged.

From what you've told us it sounds like you'll need to leave your rental on the [STRIKE]24th[/STRIKE] 23rd of a month. I'd be hoping to exchange contracts in mid January, for completion in mid Feb, giving you a few days overlap. That month between exchange and completion also allows you to book the movers, order a sofa and arrange for installation of phone/broadband etc.

Help1234

OK yes we will wait until we exchange to give notice. Can I check is the 24th as the notice date set in stone or is it possible to give notice on an alternative date if the landlord agreed to this?
Thanks

G_M

Help1234 wrote: »

“........ Should the tenancy continue as a Periodic Tenancy at the end of the fixed term the notice is to expire at the end of the monthly anniversary”.

An oxymoron!

'monthly' suggests a monthly period. 'anniverary' implies a year must pass!

However I think the intention is relatively clear; nnotice must expire at the end of a monthly period.

Your monthly periods run from 24th to 23rd off each month, so your tenancy will end on the 23rd, provided you give notice on, or before, the 24th of the month before.

(unless they really mean 'anniversary' in which case your notice will expire a year later........)

G_M

Help1234 wrote: »

OK yes we will wait until we exchange to give notice.
Wise.
Can I check is the 24th as the notice date set in stone or is it possible to give notice on an alternative date if the landlord agreed to this?
Thanks

The advice given by thelem above is wrong. 23rd, not 24th for the expiry date.

Yes, of course you and the landlord can agree anything you wish. 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?

Help1234

OK just to double check I must give notice on the 23rd or 24th of the month?

G_M

Help1234 wrote: »

OK just to double check I must give notice on the 23rd or 24th of the month?

:huh: :huh: :huh: :huh:

You can give notice any day. The issue is around how long that notice is (ie when it expires).

your tenancy will end on the 23rd, provided you give notice on, or before, the 24th of the month before.