Notice to leave rented

G_M

In 2017 you renewed the contract for 12 months on the same terms as the original 2015 contract.

In 2015, you agreed the addendum.The reference to 'periods' makes clear that the addendum applies to a periodic tenancy that follows the fixed term. If it were a Break Clause, there would be no reference to 'periods' since fixed term contracts do not have periods (other than the start/end dates of the fixed term itself).

And since the contract specifies a notice period for the periodic tenancy which differs from the notice period under a Statutory Periodic Tenancy, it is clear that a Contractual Periodic Tenancy has been agreed and created.

2 months notice is required, ending on the last day of a period of tenancy.

frustrated12

So from the replies so far there doesn’t seem to be a definitive answer.

Would it be best just to issue a 2 month notice?
I have no problem doing this, however I would need to give the notice to the Landlord on or before 4th July. My only apprehension is that we do not exchange contracts until the beginning of next week with a planned completion date of 27th July. I don’t really want to give notice to the landlord when contracts have not been exchanged yet, but I also don’t want to have to pay rent for 2 months as well as a mortgage for 2 months. A one month overlap is no problem but 2 months seems a bit extreme.

G_M

frustrated12 wrote: »

So from the replies so far there doesn’t seem to be a definitive answer.

.

Well that's what you get from a bunch of amateurs on the internet!


In fact there IS a definitive answer, it's just that it's unclear from the responses what it is!


All you can do is assess each response here based on the evidence/explanation that respondant gives to support their opinion, and /or on their apparant knowledge of the subject based on their posting history. And then make up your own mind. Or pay a professional.

I don’t really want to give notice to the landlord when contracts have not been exchanged yet,

very wise! You could end up having to pay double rent if you fail to vacate after giving notice.....

but I also don’t want to have to pay rent for 2 months as well as a mortgage for 2 months.

Understandable - but possibly a fact of lfe and just one more cost of buying.

saajan_12

BelowTheLine wrote: »

So are you saying that you are sure it's a contractual periodic or that it could be one? Sorry, I'm not trying to put you on the spot, just find the topic interesting.

I'm as sure as I can be without it being tested in court (ie without seeing case law when the same situation has been ruled on by a judge before).

frustrated12 wrote: »

So from the replies so far there doesn’t seem to be a definitive answer.

Would it be best just to issue a 2 month notice?
I have no problem doing this, however I would need to give the notice to the Landlord on or before 4th July. My only apprehension is that we do not exchange contracts until the beginning of next week with a planned completion date of 27th July. I don’t really want to give notice to the landlord when contracts have not been exchanged yet, but I also don’t want to have to pay rent for 2 months as well as a mortgage for 2 months. A one month overlap is no problem but 2 months seems a bit extreme.

You would have to serve notice by the start of the next tenancy period, so if your current period is 4th june - 3rd july then yes you'd have to serve by 4th July (ie they have to receive it by then, either by hand delivering on 4th July or posting by 1st July). If its a SPT then 1 month notice expiring 3rd Aug, if its a CPT, then 2 months notice expiring 3rd Sept.

Yes that does mean overlapping rent and mortgage - thats life with house buying. You could
* exchange with a longer ~2 month gap between exchange and completion.
* offset some of the cost by using the time to move gradually and saving on removals costs.
* negotiate with the landlord to mutually terminate on X date which works for both. Perhaps in return for extra rent / paying his rereferencing costs / allowing viewings / allowing redecoration whilst you're paying rent / something else..

frustrated12

Thank you for all of the replies, it’s been really helpful.

I think we are going to hold off serving the notice until after we have exchanged contracts. I guess as we will have nearly 3 months cross over so we can move our things over slowly and not have to rush to get both houses sorted.

bopsybunny

I didn't want to give notice on our rental until we exchanged. Turned out that we exchanged and completed on the same day.. We only had 1 month notice period so it wasn't too bad, and made sure our savings/earnings covered it. We moved out the next day and new tenants moved in 2 weeks later, so we got a refund on that portion of the rent (pre-agreed this with the landlord).

saajan_12

managed to post a duplicate of my last post.