Rescind tenancy notice

Comms69

Burg9 said:

I'm guessing the landlord will generally go off the advice of the letting agent if they're using them though. - Again it's too broad a question. Agent works for landlord. Landlord says jump, against jumps

The sellers have put in a rather hopeful completion date of 24th July, I don't think we'll quite make that but I'm not expecting it to be much longer if nothing ends up falling through. Our tenancy runs from the 4th of each month. So if I find out in the next week or two that it is in fact going to be 24th and I've not given notice it means I'll be paying the current rent up to 4th September is the problem - quite a bit of wasted £££. There's not likely to be very long between exchange and completion - likely days. - but you can decide how long between exchange and completion.

If it was just 30 days from whenever that would be great but the need to align with the contract date really does us over here. This obviously isn't a problem if we're able to rescind as we'll know much more in the next week or two on the completion date, if it's much further we can just rescind and it's fine, otherwise if it's only a week or so over we can elsewhere in the interim. Or so I thought....

Ultimately it's a risk. 

macman

Your AST agreement must have the LL's UK address for service on it: so you can simply write to that, giving your phone number, email or whatever, and asking him to contact you. No concern of the LA at all.

Burg9

I'll take a look, all I know is he lives in Hong Kong permanently so it might take a while for the letter to get to him haha. Is he able to make any amendments to the notice or end dates though? I'm not sure what I'd be able to ask the landlord to help with unless he can just end the contract whenever? 

Comms69

Burg9 said:

I'll take a look, all I know is he lives in Hong Kong permanently so it might take a while for the letter to get to him haha. Is he able to make any amendments to the notice or end dates though? I'm not sure what I'd be able to ask the landlord to help with unless he can just end the contract whenever? 

No a landlord has no power to end a tenancy, ever. EVER. 

But they can agree with you to whatever you both want. Mutual agreed surrender

Burg9

So in this case being able to contact him isn't really going to be of any benefit as far as I can tell?

Comms69

Burg9 said:

So in this case being able to contact him isn't really going to be of any benefit as far as I can tell?

You can negotiate with him to end at a different date? Mutual agreed surrender. 

macman

So, if he lives in HK, you are collecting the income tax due on the rental , as required? Or is the agent doing that?

mlz1413

You can request 30 days between exchange and completion.  This is what I did when I was in rented and buying a house.  I had a good relationship with the LL but house was rented via an agent.  I spoke to everyone at the beginning and said I had no spare money to pay mortgage and rent so needed one month from exchange so that I could be sure I was going from one home to another. 
I wasn't in a chain as I was buying an empty house so it did make it easier. 
If you can ask for at least 2 weeks between exchange and completion so you have time to move out and clean to get your full deposit back 

jonnygee2

So in this case being able to contact him isn't really going to be of any benefit as far as I can tell?

You could get it in writing from him that he would be happy to let you rescind notice without charging you double the rent. Or make any other sort of agreement you want to or need to with them - by email is fine.

The point is, the estate agent saying it's possible means diddly squat. The landlord themselves agreeing to it is different though.

Burg9

Sounds like I'm best ignore the agents advice then and try and add a bit of a delay in between. I expect a couple weeks but trying to avoid the whole month! Thanks all!