Giving notice

rijack

Hello, i have a question on giving notice to leave a property.
I saw a post from G_M in relation to rights, processes, forms etc.and specifically the below quote:

a) Tenant's notice
Where rent is paid quarterly/monthly/weekly, then Tenancy Periods run quarterly/monthly/weekly starting the day after the FT ended.

A tenant can end

* a monthly SPT with 1+ months notice in writing ending on the last day(or 1st - Crate v Miller 1947) of a Tenancy Period sent to the address "for serving notices".

* a weekly SPT with at least 4+ weeks notice ending on the last day of a Period.

Example:

A 6 month FT tenancy starts on 24th June. So ends on 23rd December. Rent is monthly. If a SPT follows, the Tenancy Periods run from 24th to 23rd of each month. The tenants Notice must end on the 23rd (or 24th).

If the tenant serves notice on 22nd March, notice expires on 23rd April (a full month ending on the last day of the Period). But if the tenant gave notice two days later (25th March) notice would expire on 23rd May - a month later (since 23rd April is less than a month).

The day rent is paid is irrelevant.

In a joint tenancy, any tenant can serve notice. It binds them all. If valid notice is served & the tenants don't all vacate, the LL may charge double rent and/or evict.

I just wanted some clarification notice periods.
I pay my rent on the 26th of each month. We are in the process of buying a house (pending exchange) which is anticipated completion (new build) of 26th April.

We obviously don't want to provide notice to vacate and something happens to completion, so we are waiting for the confirmed completion date, of which we get 10 working days notice to complete, meaning as soon as we get it on day 1 we would have to give notice.

If we got notice to complete on say 15th April, can we hand in our 1 months notice then to be due to vacate on 14th May? Or does it HAVE to run rent payment date to rent payment date?

Would this have to go down the route of a mutually agreement instead of the LL agreed?

G_M

I shall assume
* you are in Eng/Wales
* you are not in a fixed term
* your periodic tenancy is monthly

rijack wrote: »

I just wanted some clarification notice periods.
I pay my rent on the 26th of each month.
irrelevant when you pay rent. As my post says, it is the tenancy period dates that matter and these may be the same or different.

However, I shall assume your periods run from 26th to 25th. Do they?

We are in the process of buying a house (pending exchange) which is anticipated completion (new build) of 26th April.
anticipation is meaningless.

We obviously don't want to provide notice to vacate and something happens to completion, so we are waiting for the confirmed completion date, of which we get 10 working days notice to complete, meaning as soon as we get it on day 1 we would have to give notice.
Sensible.
I'm not very familiar with New Build contracts - is the 10 day gap negotiable?

If we got notice to complete on say 15th April, can we hand in our 1 months notice then to be due to vacate on 14th May? Or does it HAVE to run rent payment date to rent payment date?
You could hand in your notice on any date up to and including the 26th April to expire (end the tenancy) on 25th May.

Would this have to go down the route of a mutually agreement instead of the LL agreed?

Any other end date would need to be mutually agreed.

rijack

G_M wrote: »

I shall assume
* you are in Eng/Wales
Yes
* you are not in a fixed term
Finished about 5/6 months ago
* your periodic tenancy is monthly
Yes

Any other end date would need to be mutually agreed.

I just wanted some clarification notice periods.
I pay my rent on the 26th of each month.
irrelevant when you pay rent. As my post says, it is the tenancy period dates that matter and these may be the same or different.

However, I shall assume your periods run from 26th to 25th. Do they?
Yes

We are in the process of buying a house (pending exchange) which is anticipated completion (new build) of 26th April.
anticipation is meaningless.

We obviously don't want to provide notice to vacate and something happens to completion, so we are waiting for the confirmed completion date, of which we get 10 working days notice to complete, meaning as soon as we get it on day 1 we would have to give notice.
Sensible.
I'm not very familiar with New Build contracts - is the 10 day gap negotiable?
No - my solicitor queried this to try and ensure it was a time that suited us a bit better, but they said no it's 10 working days notice. After that there are penalties.

If we got notice to complete on say 15th April, can we hand in our 1 months notice then to be due to vacate on 14th May? Or does it HAVE to run rent payment date to rent payment date?
You could hand in your notice on any date up to and including the 26th April to expire (end the tenancy) on 25th May.

Would this have to go down the route of a mutually agreement instead of the LL agreed?

Thanks for the reply. Some replies in red above. Essentially it looks like we will have to pay the full months rent then but also potentially get the benefit of being able to make the move a little slower so not necessarily ALL bad.. Unless the LL agrees to a mutual date.. Fingers crossed.