Confused as to when to hand in notice so I am not paying 2 rents

edited 30 November -1 at 1:00AM in House Buying, Renting & Selling
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bflarebflare Forumite
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edited 30 November -1 at 1:00AM in House Buying, Renting & Selling
I have been to view a property which I am taking & the current tenants are moving out on or just after 15th November. I pay my rent on the 25th of each month. I believe I only have to give a weeks’ notice as I didn’t renew my tenancy agreement. I am confused as to when I should try to move into the new place, so I am not having to pay 2 lots of rent. If I pay a month rent as normal on the 25th October then in theory I am paid up until 25th November but this is a Sunday & my dad is moving back to England to stay with me on this exact date. If I sign up to my new place before the 25th November I will have to give months rent which I cannot really afford until I get paid on the 25th of November. What are my options here to try & keep my rent payments to the 25th of each month or just after? Would my current estate agent give me a couple of days grace, so I could move out on the 26th of November then pay for my new place on this date? If not how likely is it that I could pay just a weeks rent so from the 25th November?



If I only have to give a weeks notice then could I pay my normal months rent for my current place on the 25th October & tell them that I will leave the property on or around the 15th November & try to get a refund of a weeks rent & ask my new landlord if I could pay a weeks rent but not have the proper monthly tenancy commence until the 26th November? I am just so confused. Please help.


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  • LokoloLokolo Forumite
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    Where did you get the information that you only need to give a weeks notice?
  • bflarebflare Forumite
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    Lokolo wrote: »
    Where did you get the information that you only need to give a weeks notice?


    This is going back 5 years but I seem to remember that at the end of my first year I was sent a letter asking if I wanted to renew the fixed term tenency & I refused so they said that my notice would revert to one week. I cannot find the letter though.
  • saajan_12saajan_12 Forumite
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    bflare wrote: »
    I have been to view a property which I am taking & the current tenants are moving out on or just after 15th November. - okay have you spoken to the new LA / LL re what starting date they're looking for? I pay my rent on the 25th of each month. - okay, what are your tenancy period dates though? Not necessarily the same as your rent dates. Check your last agreement to be sure. I believe I only have to give a weeks’ notice as I didn’t renew my tenancy agreement. - based on what? If the last agreement explicitly states 1 week notice in a Contractual Periodic Tenancy then fine, otherwise it would be a Statutory Periodic Tenancy with 1 tenancy period notice. I am confused as to when I should try to move into the new place, so I am not having to pay 2 lots of rent. - I expect an overlap will be unavoidable unless your new LL is willing to wait 1.5 months or your current periodic tennacy is really 1 week notice (unlikely!) If I pay a month rent as normal on the 25th October then in theory I am paid up until 25th November - no, you'd be paid up until 24th Nov assuming you pay rent on 1st day of period. but this is a Sunday & my dad is moving back to England to stay with me on this exact date. If I sign up to my new place before the 25th November I will have to give months rent which I cannot really afford until I get paid on the 25th of November. What are my options here to try & keep my rent payments to the 25th of each month or just after? - If your notice periods are 25-24th (check this) then you'd have to be out by the end of 24th, so you'd need alternative accommodation from 24th.. Most new tenancies will want rent + deposit ahead of move in, so this will be difficult. Can you get a hotel / B&B / stay wiht friends for a day or two? Would my current estate agent give me a couple of days grace, so I could move out on the 26th of November then pay for my new place on this date? - you'd have to ask them. You have no right to this, and if you've served notice and then overstay the LL could claim double rent.. If not how likely is it that I could pay just a weeks rent so from the 25th November? - again, you'd have to ask them.



    If I only have to give a weeks notice then could I pay my normal months rent for my current place on the 25th October & tell them that I will leave the property on or around the 15th November & try to get a refund of a weeks rent & ask my new landlord if I could pay a weeks rent but not have the proper monthly tenancy commence until the 26th November? - IF you only need to give a weeks notice and rent can be pro rata'd for this (big if's there) then why not move ~30th. Pay 1 month rent on 25 Oct as usual, then serve 1 week notice on 25th Nov and pay 1 week rent. Move ~30 Nov, paying months rent at the new place a few days after you get paid. Then its clean with the new LL, and you're not dealing with refunds with the current LL. I am just so confused. Please help.



    Please check your tenancy agreement carefully re what happens after your fixed term. IF it explicityly states 1 week notice, then please quote the full terms ad we can advise.

    Otherwise, if your tenancy is monthly then you would typically have to serve 1 month notice, usually in line wiht tenancy periods. Please quote any reference to dates and we can advise further. You can either appeal to the LL / LA's better nature, but they don't have to agree, in which case you're left with finding accommodation before 25th.

    Also how will you fund your new deposit as well as 1st months rent? You usually won't get the deposit for the current place until well after you've moved and the property has been checked.
  • bflarebflare Forumite
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    saajan_12 wrote: »
    Please check your tenancy agreement carefully re what happens after your fixed term. IF it explicityly states 1 week notice, then please quote the full terms ad we can advise.

    Otherwise, if your tenancy is monthly then you would typically have to serve 1 month notice, usually in line wiht tenancy periods. Please quote any reference to dates and we can advise further. You can either appeal to the LL / LA's better nature, but they don't have to agree, in which case you're left with finding accommodation before 25th.

    Also how will you fund your new deposit as well as 1st months rent? You usually won't get the deposit for the current place until well after you've moved and the property has been checked.





    Should I email the estate agent & ask for my updated tenancy agreement?


    I have just enough savings to pay for the deposit & once I get paid on the 25th November I will have enough money for the first months rent. It’s the transition period that I am worried about as I will not be able to afford 2 months rent at the same time unless I borrow it.
  • Pixie5740Pixie5740 Forumite
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    bflare wrote: »


    Should I email the estate agent & ask for my updated tenancy agreement?


    I have just enough savings to pay for the deposit & once I get paid on the 25th November I will have enough money for the first months rent. It’s the transition period that I am worried about as I will not be able to afford 2 months rent at the same time unless I borrow it.

    There isn't an updated tenancy agreement, there is either a contractual or a statutory periodic tenancy, which it is depends on the original agreement you signed, that has the same terms as the original fixed term,

    Read G_M's 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?
  • bflarebflare Forumite
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    saajan_12 wrote: »
    Please check your tenancy agreement carefully re what happens after your fixed term. IF it explicityly states 1 week notice, then please quote the full terms ad we can advise.

    Otherwise, if your tenancy is monthly then you would typically have to serve 1 month notice, usually in line wiht tenancy periods. Please quote any reference to dates and we can advise further. You can either appeal to the LL / LA's better nature, but they don't have to agree, in which case you're left with finding accommodation before 25th.

    Also how will you fund your new deposit as well as 1st months rent? You usually won't get the deposit for the current place until well after you've moved and the property has been checked.


    I have just found my agreement & It started on the 25th September 2012. This is the following clause on terminating the tenancy:


    Notice to terminate the tenancy






    Once the fixed period has expired and you do not wish to renew or continue the tenancy on a statutory


    periodic basis, you are required to give a minimum one months notice to terminate the tenancy. This should


    be submitted in line with your tenancy period. For example if your tenancy commenced on the 10th of the


    month, the period will expire on the 9th, therefore your notice must be in writing and received by the Agent


    before the 10th of the month and you can leave on the 9th. If you are unsure about your tenancy term please


    refer to the main terms of this tenancy agreement, section 1 or contact your property manager.


  • Pixie5740Pixie5740 Forumite
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    bflare wrote: »
    I have just found my agreement & It started on the 25th September 2012. This is the following clause on terminating the tenancy:


    Notice to terminate the tenancy






    Once the fixed period has expired and you do not wish to renew or continue the tenancy on a statutory


    periodic basis, you are required to give a minimum one months notice to terminate the tenancy. This should


    be submitted in line with your tenancy period. For example if your tenancy commenced on the 10th of the


    month, the period will expire on the 9th, therefore your notice must be in writing and received by the Agent


    before the 10th of the month and you can leave on the 9th. If you are unsure about your tenancy term please


    refer to the main terms of this tenancy agreement, section 1 or contact your property manager.



    If you send your notice off today then your tenancy will end 24th November 2018.
  • If your tenancy will end 24th November ask if you can start new tenancy 20th. That will give you a few days of overlap to move stuff and clean old place. If you have no overlap then you will need somewhere to store your stuff when you move. It's always better to clean an empty house as well and have some time to put anything right.

    Sounds like you need to check new LL will be OK with delayed start date of tenancy though as that's quite awile away yet.
  • bflarebflare Forumite
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    DottieDam wrote: »
    If your tenancy will end 24th November ask if you can start new tenancy 20th. That will give you a few days of overlap to move stuff and clean old place. If you have no overlap then you will need somewhere to store your stuff when you move. It's always better to clean an empty house as well and have some time to put anything right.

    Sounds like you need to check new LL will be OK with delayed start date of tenancy though as that's quite awile away yet.




    But I will pay my rent for my current place as normal on the 25th of October & this is when I get paid. If I ask my new LL for my tenancy to start on the 20th November but this is before I get paid & I cannot afford 2 rent payments in the same month. This is what I am trying avoid.
  • theartfullodgertheartfullodger Forumite
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    bflare wrote: »
    I have been to view a property which I am taking & the current tenants are moving out on or just after 15th November. ...........
    Really? Unless there is a court bailiff turning up on 15th Nov (& even then tenant can appeal up to time bailiff walks up garden path...) you cannot be certain they will go.


    Sadly you really need to wait & see until 16th Nov if they've gone & also what repairs if any are needed. Or have a backup (eg go live with mum....)
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