First time buyer issue with completion date

Lolly_foz · 15 July at 10:26PM

Hi! Newbie here so just looking for some advice or if anyone has been in similar situation.

Background:
•First time buyers in rented accommodation
•Offer accepted on property early April 2025
•Few teething problems with survey etc but generally feel things have moved quite well
•2 weeks ago was told by agent that our sellers purchase was going through well and that their seller was breaking the chain so they can move in and that our sellers wanted to complete with us mid July
•we then put our notice in on our rental property (which we had held off doing until we knew a rough timescale)
•contract signed and sent back
•day after rental notice put in, agent called to say they had given us incorrect information and lady further down chain had never said she would break the chain and was not going to do this
•now we are in limbo, no one seems to know when a completion date will be set and we just keep hearing from solicitors that they are “chasing” our sellers solicitor for a date. Now we only have 3 weeks left of our rental notice and no idea when a date will be set! Do we have any leverage with this? Or is it just a case of wait it out?

Thanks in advance!

eddddy · 15 July at 10:53PM

It's a difficult situation.

A completion date isn't definite until you exchange contracts. (In the worst case, until exchange of contracts happens, the chain could still collapse and your purchase fall through.)

TBH, the usual advice is not to give notice on your rental until you've exchanged contracts.

It might be worth asking your landlord if they can be flexible on your leaving date, and/or think about where you can stay instead.

If you simply stay beyond the end of your notice period without your landlord's agreement, the law says that your landlord might be able to charge you double rent.

Lolly_foz said

Do we have any leverage with this? Or is it just a case of wait it out?

In terms of leverage, I guess you could potentially say "if we can't complete within 3 weeks, we'll walk away" - but if that's a bluff, it might backfire badly. (e.g. The sellers put their property back on the market)

HouseMartin567 · 16 July at 7:18AM

As I am sure you are now aware, it was an error to give notice on your rental before exchange (which is the point when the completion date is legally bound).

I think it’s unlikely that a multi party chain is going to come together in 3 weeks so you need to be coming up with a back-up plan:
1) Asking your landlord if you can rescind your notice, or seeing if there is any other flexibility they can provide (noting they are not obliged to help seeing as you were the ones who submitted notice)
2) Look for a short term Air BnB, noting they are often furnished so you may need to arrange storage for your large items if you already own them
3) See if there are family or friends that can put you up, again, you might need to look at storage options

Good luck!!

Smalltownhypocrite · 16 July at 8:28AM

Just keep paying rent... they would have to go to a S21 to evict which could take 6 months and cost them lots of money which would be utterly silly and counter productive if you are still paying them, good tenants that are causing no damage and moving out just a month or two later than expected.

Notice just means 'formal awareness of intent', the intent has now been temporarily delayed but you didn't sign your soul away to be forced on the street.

HouseMartin567 · 16 July at 8:36AM

Smalltownhypocrite said:

Just keep paying rent... they would have to go to a S21 to evict which could take 6 months and cost them lots of money which would be utterly silly and counter productive if you are still paying them, good tenants that are causing no damage and moving out just a month or two later than expected.

Notice just means 'formal awareness of intent', the intent has now been temporarily delayed but you didn't sign your soul away to be forced on the street.

Is it correct that the landlord would have to issue a S21 if the tenant stayed past the point of notice which they issued? This board always advocates that only a tenant or a court can end a tenancy, however I appreciate your assertion that in this case the tenant has only given notice to end the tenancy: does that mean the tenancy only formally ends when they return the keys?

Regardless, as per the post above from @eddddy

If you simply stay beyond the end of your notice period without your landlord's agreement, the law says that your landlord might be able to charge you double rent.

Obviously the landlord may be happy extend the tenants stay on an informal basis, or may have a ‘can’t be bothered attitude’ with regards to taking them to court for double rent, but it is good for the OP to know that it is a possibility.

_Penny_Dreadful · 16 July at 8:49AM

Smalltownhypocrite said:

Just keep paying rent... they would have to go to a S21 to evict which could take 6 months and cost them lots of money which would be utterly silly and counter productive if you are still paying them, good tenants that are causing no damage and moving out just a month or two later than expected.

Notice just means 'formal awareness of intent', the intent has now been temporarily delayed but you didn't sign your soul away to be forced on the street.

Nothing you've said is correct.

Notice served by the tenant isn't just formal awareness of intent, it legally ends the tenancy. The landlord doesn't have to serve a Section 21, the landlord can apply straight to court for a possession order if the OP doesn't vacate the property by the notice date.

Furthermore, the landlord is entitled to mesne profits under the Distress for Rent Act 1737.

_Penny_Dreadful · 16 July at 8:51AM

HouseMartin567 said:

Smalltownhypocrite said:

Just keep paying rent... they would have to go to a S21 to evict which could take 6 months and cost them lots of money which would be utterly silly and counter productive if you are still paying them, good tenants that are causing no damage and moving out just a month or two later than expected.

Notice just means 'formal awareness of intent', the intent has now been temporarily delayed but you didn't sign your soul away to be forced on the street.

Regardless, as per the post above from @eddddy
If you simply stay beyond the end of your notice period without your landlord's agreement, the law says that your landlord might be able to charge you double rent.

Obviously the landlord may be happy extend the tenants stay on an informal basis, or may have a ‘can’t be bothered attitude’ with regards to taking them to court for double rent, but it is good for the OP to know that it is a possibility.

It's not double rent, it would be mesne profits.

The tenants can't stay on an informal basis. There's either a tenancy or there isn't, legally there's no middle ground.

_Penny_Dreadful · 16 July at 8:54AM

Lolly_foz said:

Hi! Newbie here so just looking for some advice or if anyone has been in similar situation.

Background:
•First time buyers in rented accommodation
•Offer accepted on property early April 2025
•Few teething problems with survey etc but generally feel things have moved quite well
•2 weeks ago was told by agent that our sellers purchase was going through well and that their seller was breaking the chain so they can move in and that our sellers wanted to complete with us mid July
•we then put our notice in on our rental property (which we had held off doing until we knew a rough timescale)
•contract signed and sent back
•day after rental notice put in, agent called to say they had given us incorrect information and lady further down chain had never said she would break the chain and was not going to do this
•now we are in limbo, no one seems to know when a completion date will be set and we just keep hearing from solicitors that they are “chasing” our sellers solicitor for a date. Now we only have 3 weeks left of our rental notice and no idea when a date will be set! Do we have any leverage with this? Or is it just a case of wait it out?

Thanks in advance!

Talk to your landlord and see if you can start a new contractual periodic tenancy (assuming you're in England) once the current tenancy comes to an end. If not you'll need to find somewhere to move to. Whichever you end up doing, do not serve notice until you've exchanged contracts on the place you're buying.

GrubbyGirl_2 · 16 July at 9:18AM

Your landlord may be flexible as it's less work for them but if not then do have others have said and stay put and continue paying the rent. It's always advisable to be clear that you will require 2 weeks between exchange and completion because you are renting and it's always good to have an overlap as it gives you a little time to go in and clean and redecorate while the property is empty.

Also remember you have to insure your new property from the date of exchange. You are committed to buying it even if something happens to it in the meantime. I'm sure your solicitor will have already told you this but just in case.......

pinkshoes · 16 July at 9:46AM

Lolly_foz said:

Hi! Newbie here so just looking for some advice or if anyone has been in similar situation.

Background:
•First time buyers in rented accommodation
•Offer accepted on property early April 2025
•Few teething problems with survey etc but generally feel things have moved quite well
•2 weeks ago was told by agent that our sellers purchase was going through well and that their seller was breaking the chain so they can move in and that our sellers wanted to complete with us mid July
•we then put our notice in on our rental property (which we had held off doing until we knew a rough timescale)
•contract signed and sent back
•day after rental notice put in, agent called to say they had given us incorrect information and lady further down chain had never said she would break the chain and was not going to do this
•now we are in limbo, no one seems to know when a completion date will be set and we just keep hearing from solicitors that they are “chasing” our sellers solicitor for a date. Now we only have 3 weeks left of our rental notice and no idea when a date will be set! Do we have any leverage with this? Or is it just a case of wait it out?

Thanks in advance!

The day after you handed notice in would have been a good time to revoke the notice, but hindsight is a marvellous thing...

So...

1) SPEAK to the LL, explain the situation, and ask if you can revoke your notice to move out. If they've already re-let the property then this isn't going to be possible.

2) Ask the LL if they have another property you can let for a short term.

3) Find an AirBnB property you can rent (will be very difficult as it's the summer holidays)

4) Put the majority of your stuff in storage then negotiate a price with a hotel to stay for a few weeks/months.

5) Stay with family.

6) Rent a room from a friend (and put stuff in storage).