Giving notice to landlord - new build home

eddddy

You shouldn't rely on any estimated completion dates by the developer. Developers tend to be over-optimistic - right up until the last minute.

Your purchase contract will state the completion terms.

Typically it's completion on 10 days notice. (I.e. One day the developer will say "Completion is in 10 days time".)

That's the only really safe point to give notice to your landlord.

Jodz24

So we're currently in a fixed term up until 15 February 2020.
"Break Clause: N/A"

"At the end of the fixed term as specified in clause 2 hereof, the term shall continue on a month by month basis until either party shall serve on the other a written notice to bring the same to an end. In the case of a notice served by the tenant, such notice should expire no less than one month after service of the same on the LL."

I know there will be likely an overlap of paying the mortgage and rent.

tom9980

Phone your Landlord and talk to them. You will be liable for rent until 15 February 2020 unless you both agree an early surrender. You will need to be extremely accommodating to the Landlords requests for viewings and inspections if you have any hope of leaving early.

G_M

Jodz24 wrote: »

So we're currently in a fixed term up until 15 February 2020.
"Break Clause: N/A"

"At the end of the fixed term as specified in clause 2 hereof, the term shall continue on a month by month basis until either party shall serve on the other a written notice to bring the same to an end. In the case of a notice served by the tenant, such notice should expire no less than one month after service of the same on the LL."
.

So why did your original post say:

We have to give 2 months' notice to our landlord

* you cannot end the tenancy before 15/2/20 unless your landlord agrees to an 'Early Surrender' - for which he may want compensation.

* You can end the tenancy and leave on 15/2/20 without giving any notice - though it is helpful and polite to give some notice.

* if you do not leave on 15/2/20, and remain on or beyond 16/2/20, you will automatically create a Contractual Periodic Tenancy.

* Once you have a CPT, you can end the tenancy by serving one month's notice (not two!). It would appear from the wording that a calender month's notice is required, rather than a 'tenancy period'.


If you hope to Complete on 1st November, the best thing you can do is invite your landlord to tea. Bake him a nice cake. Explain your plans and ask if he'd be willing to accept an Early Surrender. If he is amenabale, and has advance notice now, he may be willing to agree a very short notice period. He may want you tocover his re-marketing costs. Or he may want rent to continue till he finds a new tenant. Or he may refuse altogether. Who knows? (hence the nice cake....!)



(one of my better ones.......)

baldelectrician

Which part of the UK are you in?

If this is Scotland then the notice is 28 days for the tenant (does not matter what it says in the tenancy agreement the PRT rules apply)

G_M

baldelectrician wrote: »

Which part of the UK are you in?

If this is Scotland then the notice is 28 days for the tenant (does not matter what it says in the tenancy agreement the PRT rules apply)

OP refers to Exchange and Completion in the other thread so not Scotland.

GDB2222

Speaking as a landlord, it's very hard to re-let a property during November and December. So, I would not want to agree to end the tenancy during those months.

If you do want to end the tenancy early, ie before February, you would be liable for the landlord's costs. This would typically include rent until it is re-let and a share of estate agency costs.

Bossypants

G_M wrote: »

(one of my better ones.......)

Whatever you say, Wallflour Girl.

G_M

Bossypants wrote: »

Whatever you say, Wallflour Girl.

Drat! You got me!

Jodz24

Appreciate all the comments, and the photo of the delicious looking cake - thank you. I'll see what more information I can squeeze out of the developer because it may be that November isn't going to happen and it's not ready until January anyway! Our landlord has been great to us, and we've been great to them, and we live in a highly sought after area so I know they'll have no trouble finding new tenants - but get what you say about Nov/Dec being undesirable months to move. I guess it's just going to be a tight few months for us. Merry Christmas!