Advice on ending tenancy

Mimi123456

Thank you PRAISETHESUN
And big thanks to everyone who responded!

I did read the info in the links and I really appreciate canaldumidi sharing them.
It might seem like I haven’t read but I promise I did. It’s just sometimes there are nuances and I want to double check and clarify in case people have better practical understanding of the legislation.

really appreciate all the help and effort on my case here!

If not for all of you I would be booking a pricey AirBnB now and living with inconvenience of boxes and no proper wifi. And paying twice for movers and taking double the time off work for these moves.

canaldumidi

Mimi123456 said:

 what happens if they now decide to serve me S21 notice?

Can I then serve a notice on periodic tenancy and move after 1 month?
or will I be liable for 2 months rent as the notice period under S21 is 2 months?

If they serve a S21 it should expire after 2 months and then they apply tocourt, wait 6 months for a hearing. You'll be long gone.

You serving notice is entirely separate. Unless they come to their senses and negotiate an agreed surrender date (eg after 2 weeks - get it confirmed in writing!), you must serve proper notice: One full tenancy period. If your fixed term ends on 14 March, then your tenancy periods run from 15th to 14th each month. Serve notice on 15th March, and your notice will expire on 14th April.

Read

Post 4: Ending/renewing an AST:

saajan_12

canaldumidi said:

Mimi123456 said:

 what happens if they now decide to serve me S21 notice?

Can I then serve a notice on periodic tenancy and move after 1 month?
or will I be liable for 2 months rent as the notice period under S21 is 2 months?

If they serve a S21 it should expire after 2 months and then they apply tocourt, wait 6 months for a hearing. You'll be long gone.

You serving notice is entirely separate. Unless they come to their senses and negotiate an agreed surrender date (eg after 2 weeks - get it confirmed in writing!), you must serve proper notice: One full tenancy period. If your fixed term ends on 14 March, then your tenancy periods run from 15th to 14th each month. Serve notice on 15th March, and your notice will expire on 14th April.

Read

Post 4: Ending/renewing an AST:

OP, this is the answer but check these dates based on when your fixed term actually starts / ends though, don't just blindly read the dates quoted as if you're a day late then technically you'd be liable for 2 months. 

SusieT

canaldumidi said:

You serving notice is entirely separate. Unless they come to their senses and negotiate an agreed surrender date (eg after 2 weeks - get it confirmed in writing!), you must serve proper notice: One full tenancy period. If your fixed term ends on 14 March, then your tenancy periods run from 15th to 14th each month. Serve notice on 15th March, and your notice will expire on 14th April.

Read

Post 4: Ending/renewing an AST:

Curiosity from me, if there is no official agreement by the end of next week, would it be a good idea for Mimi to serve notice on 11th (to make very sure that it is on time considering the weekend), to leave on 14th April, thus being in the controlling seat, and in the notice stating that she will be happy to come to an arrangement to hand the keys back on (1 day after the date that she wants to go, making moving slghtly easier) x date? That would make extra sure that everything is in writing and that they would be forced to state that leaving early would be acceptable? 
                       

Mimi123456

Guys, it’s a win!
They just sent an email saying that the landlord is now happy for me to stay on until end of March subject to me allowing access for sales viewings.

This email should suffice as proof of agreement, right?

Im very relieved. Happy to accommodate viewings as I really did not mean to delay the sale or anything. If I had a place where I could move earlier I would. But in current circumstances glad they chose to solve this amicably. 

RAS

Don't get to delighted. All that's really happened is they've realised they've messed up.  And you leaving at the end of the month is a massive win for them compared with a legal  case. And that doesn't alter your right to quiet enjoyment.

Set down some rules about notice for viewings, and agree set times. Not, we're bring someone round every couple of hours regardless of what you are doing, but a few dedicated hours each week.

canaldumidi

Mimi123456 said:

Guys, it’s a win!
They just sent an email saying that the landlord is now happy for me to stay on until end of March subject to me allowing access for sales viewings.

This email should suffice as proof of agreement, right?

Im very relieved. Happy to accommodate viewings as I really did not mean to delay the sale or anything. If I had a place where I could move earlier I would. But in current circumstances glad they chose to solve this amicably. 

Does the email name a specific date? eg 31st March? If so, the email should suffice but a) reply confirming, and b) bear in mind that becomes a contractual agreement. You cannot then stay beyond 31st by even 1 day (eg if your onward move gets delayed).

As RAS also set some rules re the viewings. You don't want them turning up at 10 PM because "that's the only time the buyers could do it"! So:

* How often? (eg no more than 2 per day or 6 per week)

* When? (eg only between 2 & 4 in the afternoon or whatever)

* what warning? Do you want advance notice? Same day? 24 hours before?

SusieT said:

Curiosity from me, if there is no official agreement by the end of next week, would it be a good idea for Mimi to serve notice on 11th (to make very sure that it is on time considering the weekend), to leave on 14th April,...
                       

To satisfy your curiosity, no. Since the periodic tenancy has not yet started, you cannot serve notice to end it. So earliest notice can be served is 15th March (assuming fixed term ends on 14th).

Mimi123456

RAS said:

Don't get to delighted. All that's really happened is they've realised they've messed up.  And you leaving at the end of the month is a massive win for them compared with a legal  case. And that doesn't alter your right to quiet enjoyment.

Set down some rules about notice for viewings, and agree set times. Not, we're bring someone round every couple of hours regardless of what you are doing, but a few dedicated hours each week.

Thank you.
Yes I will ask them for arranging the time that works for me. 

I guess the T&Cs on viewings from my original contract still apply? It specified 24hr notice for viewings and they are to happen at ‘reasonable hours’

canaldumidi

Mimi123456 said:

RAS said:

Don't get to delighted. All that's really happened is they've realised they've messed up.  And you leaving at the end of the month is a massive win for them compared with a legal  case. And that doesn't alter your right to quiet enjoyment.

Set down some rules about notice for viewings, and agree set times. Not, we're bring someone round every couple of hours regardless of what you are doing, but a few dedicated hours each week.

Thank you.
Yes I will ask them for arranging the time that works for me. 

I guess the T&Cs on viewings from my original contract still apply? It specified 24hr notice for viewings and they are to happen at ‘reasonable hours’

You (or they) can over-ride the original contract provided the other agrees.

Mimi123456

canaldumidi said:

Does the email name a specific date? eg 31st March? If so, the email should suffice but a) reply confirming, and b) bear in mind that becomes a contractual agreement. You cannot then stay beyond 31st by even 1 day (eg if your onward move gets delayed).

Yes the email specified 31 March.
Yes, I understand that I will not be able to stay beyond that date.