Does my one month notice period supersede my landlords 2 month notice period

tobyfep

My landlord has let me know he is trying to sell the house I am renting so I will have to move out once he sells it. He hasn’t given any dates/timings. I am trying to find somewhere new to live but have a question: I am currently on a rolling contract where the landlord has to give me 2 months notice but I only have to give him 1 month. If he serves me with 2 months notice but I want to move out before then can I serve him with one month notice whenever I want and move out within the month or do I have to stay for the full 2 months of his notice period?

tightauldgit

If you have a 1 month notice period then you can move out at any time with 1 month's notice regardless of anything else. 

secla

It’s 1 months notice in-line with your rental period though so if he’s already issued you 2 months it’s unlikely to make any difference

saajan_12

tobyfep said:

My landlord has let me know he is trying to sell the house I am renting so I will have to move out once he sells it. He hasn’t given any dates/timings. I am trying to find somewhere new to live but have a question: I am currently on a rolling contract where the landlord has to give me 2 months notice but I only have to give him 1 month. If he serves me with 2 months notice but I want to move out before then can I serve him with one month notice whenever I want and move out within the month or do I have to stay for the full 2 months of his notice period?

I'd check in your contract, whether yours is 1 calendar month or 1 tenancy period. If it says nothing, then the default is 1 tenancy period. 

In answer to your question, if your serve valid notice, then you can leave according to that, regardless of any notices sent by the LL. 

stuhse

secla said:

It’s 1 months notice in-line with your rental period though so if he’s already issued you 2 months it’s unlikely to make any difference

Surely it could make 1months difference ?

theartfullodger

tobyfep said:

My landlord has let me know he is trying to sell the house I am renting so I will have to move out once he sells it........

Nope:  If you are still there when the sale goes through your tenancy continues as before, the new owner becomes your new landlord: Yes, even if outside with 3 screaming kids, hubbie going bonkers plus large removals van. 

Artful: Landlord since 2000

propertyrental

stuhse said:

secla said:

It’s 1 months notice in-line with your rental period though so if he’s already issued you 2 months it’s unlikely to make any difference

Surely it could make 1months difference ?

It could make 1 months difference, or 2 months less 1 day.

If you serve notice the day before the start of a tenancy period (sometimes inaccurately called a rental period), your notice would start the next day and run for a month.

If you serve notice the day after the start of a tenancy period, your notice would at the start of the next period (ie just short of a month later) and run for another  month.

But as said above, read your tenancy agreement. If you now have a SPT, the above applies. If you have a CPT, notice is as defined in the tenancy (which might state '1 calender month').

Explanation here:

Post 4: Ending/renewing an AST: what happens when a fixed term ends? How can a LL or tenant end a tenancy? What is a periodic tenancy?

ArbitraryRandom

It's worth checking with the landlord if/when he gets an offer that vacant possession is required; There is an outside chance another landlord will purchase it with a sitting tenant.

A tenancy can also be ended by both parties by mutual agreement at any time; so if you find a new home, it's also worth contacting your landlord and seeing if you can agree a date to end the tenancy not related to the tenancy periods at all. 

doodling

Hi,

It is important to note that your notice and the landlord's notice are very different things.

A tenant has the right to give notice and after the notice period the tenancy ends.

A landlord can give notice, but after the notice period ends the tenancy does not end, the landlord only has the right to ask a court to end the tenancy,

What that means is that, unless it has got to the stage where a court has ordered that the tenancy ends, the tenant must always give notice and is liable for rent until that notice expires.  The landlord's notice expiring does not give the tenant the right to move out and stop paying rent.

Separately to the above, the tenant and landlord can, if they both want to, agree that the tenancy will come to an end on a certain date.  That is probably how most tenancies end after the landlord serves notice but as part of that agreement it would be wise for both the landlord and tenant to be clear exactly how much rent will be paid up to that time.

tightauldgit

propertyrental said:

stuhse said:

secla said:

It’s 1 months notice in-line with your rental period though so if he’s already issued you 2 months it’s unlikely to make any difference

Surely it could make 1months difference ?

It could make 1 months difference, or 2 months less 1 day.

If you serve notice the day before the start of a tenancy period (sometimes inaccurately called a rental period), your notice would start the next day and run for a month.

If you serve notice the day after the start of a tenancy period, your notice would at the start of the next period (ie just short of a month later) and run for another  month.

But as said above, read your tenancy agreement. If you now have a SPT, the above applies. If you have a CPT, notice is as defined in the tenancy (which might state '1 calender month').

Explanation here:

Post 4: Ending/renewing an AST: what happens when a fixed term ends? How can a LL or tenant end a tenancy? What is a periodic tenancy?

Presumably it's the same on both sides though? So landlord's two months period would also be on the same basis?

propertyrental

tightauldgit said:

propertyrental said:

stuhse said:

secla said:

It’s 1 months notice in-line with your rental period though so if he’s already issued you 2 months it’s unlikely to make any difference

Surely it could make 1months difference ?

It could make 1 months difference, or 2 months less 1 day.

If you serve notice the day before the start of a tenancy period (sometimes inaccurately called a rental period), your notice would start the next day and run for a month.

If you serve notice the day after the start of a tenancy period, your notice would at the start of the next period (ie just short of a month later) and run for another  month.

But as said above, read your tenancy agreement. If you now have a SPT, the above applies. If you have a CPT, notice is as defined in the tenancy (which might state '1 calender month').

Explanation here:

Post 4: Ending/renewing an AST: what happens when a fixed term ends? How can a LL or tenant end a tenancy? What is a periodic tenancy?

Presumably it's the same on both sides though? So landlord's two months period would also be on the same basis?

No, I'm afraid not. In all cases a landlord must serve a S21 Notice, giving 2 calendar months notice. (or a S8 eg for rent arrears).

But as explained by others, that does not end the tenancy, it is merely a precurser to the LL applying to court