Tenancy notice

Laurelii

So me and my partner moved into our rented flat on Jan 26th.

The landlord are asking whether we want to renew or cancel.

when is the last day we can say we want to cancel, I know ideally it would bet best to let them know asap but could we say we want to cancel closer the Jan 26 next year (2022) then our 2 month notice will start from the end of Jan 2022 meaning we move out end of March... 

saajan_12

Laurelii said:

So me and my partner moved into our rented flat on Jan 26th.

The landlord are asking whether we want to renew or cancel.

when is the last day we can say we want to cancel, I know ideally it would bet best to let them know asap but could we say we want to cancel closer the Jan 26 next year (2022) then our 2 month notice will start from the end of Jan 2022 meaning we move out end of March... 

You need to ready exactly what your tenancy agreement says. 
a) How long is the fixed term eg 6 months? 12 months? sth else?
b) What are your tenancy periods (eg specified in weeks? months?)
c) What does it say about notice to terminate AT the end of the fixed term? 
d) What does it say about notice to terminate AFTER the end of the fixed term or about a periodic tenancy (SPT or CPT)

If its a 12 month, then your fixed term would end on 25th.
Option 1: Vacate by the 25th Jan with no notice and the tenancy would end. You may have a contractual liability to pay notice or pay the LL's losses if you don't and he has a longer void etc, but this would need proof rather than an automatic thing, but check your agreement. 

Option 2: Agree to renew and sign a new contract for another 6/12 months (if you and the LL agree). That would give you a little more security in when you can be evicted or rent changed, but a lot less flexibility. 

Option 3: Do nothing and remain on a periodic tenancy starting 26th Jan. The type and notice period depends on the answer to (b) and (d) above, but note sometimes you have to give notice in line with the tenancy periods (eg 26th -> 25th of next month. 

Laurelii

Our current is 12 month fixed which will be ending at the end of Jan 
Our tenancy notice is 2 months so could we say we want to give notice e.g 20 Jan then leave 20 march.
The agreement states if we want to leave we have to give notice (2 month) at the end of the tenancy so give the 2 month end of jan. 

Can we give notice for e.g Jan 20th ?? they wont kick us out before this will they ? 

TripleH

No they can't remove you legally from the property before 20th January (a lot later than that actually).

If you've paid rent, then why would they?

If you want to leave on the 20th I wouldn't try claiming the days to the 25th January back, you won't get them and for the hassle etc it's cheaper to write them off.

saajan_12

Laurelii said:

Our current is 12 month fixed which will be ending at the end of Jan 
Our tenancy notice is 2 months so could we say we want to give notice e.g 20 Jan then leave 20 march.
The agreement states if we want to leave we have to give notice (2 month) at the end of the tenancy so give the 2 month end of jan. 

Can we give notice for e.g Jan 20th ?? they wont kick us out before this will they ? 

They won't be able to actually kick you out before (they might give notice but there's a long process which will take more than 2 months). 

However not clear whether you can give notice on 20th Jan as its out of sync with tenancy periods - that depends on the wording. 

SpiderLegs

Laurelii said:

Our current is 12 month fixed which will be ending at the end of Jan 
Our tenancy notice is 2 months so could we say we want to give notice e.g 20 Jan then leave 20 march.
The agreement states if we want to leave we have to give notice (2 month) at the end of the tenancy so give the 2 month end of jan. 

Can we give notice for e.g Jan 20th ?? they wont kick us out before this will they ? 

Please post the exact wording as what you have written above does not make sense.

Sanctioned_Parts_List

Most tenancy agreements require 1 month's advance notice if given by the tenant, 2 months if given by the landlord. Thus, if your contract renewal date is on 26th January and you want to leave on the 26th January, you need to give notice on or before 25th December. Similarly, the landlord would've had to give you notice of his intention not to renew the contract by 25th November.

If you want to leave at the end of March, you need to give notice by the end of February. It is possible to work out tenancies pro-rata, but also a hassle, so the landlord is likely to collect the full month's rent.

Now, as a landlord, if my tenants are paying on time, looking after the property well and not causing neighbourhood disturbances, I want to keep them for as long as possible. I'm hardly going to kick tenants out early just because they've decided to move on. With that in mind, when my tenants eventually do decide to move on, I'd like them to tell me as soon as possible, so that I can make plans. Maybe I need to do some work on the house. Maybe I just need to let it out again and want to start showing new applicants around. Maybe I need to move savings/investments around to cover a void period. I'm not a multi-mega-millionaire and do need to prepare for loss of income in the void period.

As such, if you are planning to move out at the end of March, it would be courteous to let your landlord know sooner rather than later. 

SpiderLegs

Sanctioned_Parts_List said:

Most tenancy agreements require 1 month's advance notice if given by the tenant, 2 months if given by the landlord. Thus, if your contract renewal date is on 26th January and you want to leave on the 26th January, you need to give notice on or before 25th December. Similarly, the landlord would've had to give you notice of his intention not to renew the contract by 25th November.

…

This is incorrect information.

Pixie5740

Laurelii said:

Our current is 12 month fixed which will be ending at the end of Jan 
Our tenancy notice is 2 months so could we say we want to give notice e.g 20 Jan then leave 20 march.
The agreement states if we want to leave we have to give notice (2 month) at the end of the tenancy so give the 2 month end of jan. 

Can we give notice for e.g Jan 20th ?? they wont kick us out before this will they ? 

Can you please quote the exact wording in the tenancy agreement? It’s important to know if the months are calendar months, rental periods, etc. 

Laurelii

I am at work currently but i belive it says something along the lines of " 2 months notice cannot be given until the end of the tenancy'. Once i am home i will find the exact wording.

The tenancy ends on Jan 26th 2022, can we write to them on Jan 20th 2022 saying we are not renewing and the letter is the 2 months notice, therefore we leave on March 20th 2022. 

Landlord company have been emailing asking if we are staying or going but we are in the process of buying a house and have no clue whatsoever about a move in date. so we are trying to find out a move in date first before giving notice but if worst comes to worst will we be ok to give the notice like a week or 2 before the end of the tenancy ( example above) 

MaryNB

Sanctioned_Parts_List said:

Most tenancy agreements require 1 month's advance notice if given by the tenant, 2 months if given by the landlord. Thus, if your contract renewal date is on 26th January and you want to leave on the 26th January, you need to give notice on or before 25th December. Similarly, the landlord would've had to give you notice of his intention not to renew the contract by 25th November.

ASTs automatically continue on a rolling monthly basis after the end of the fixed term, the landlord doesn't have to give any notice if they don't intend to renew it for another fixed term. I have never had a landlord contact me at the end of the fixed term - except for one who threatened an S21 if I didn't sign up for another 12 months. All the rest said nothing and it automatically became periodic. 

And of course the OP can refuse to sign up to a renewal of the fixed term and continue on a period tenancy which would be in their interest unless they want to stay for at least another 12 months.