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Giving notice on tennancy when purchasing a property

marcmc84
marcmc84 Posts: 49 Forumite
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in House buying, renting & selling
When do I give notice on my tenancy. The fixed term contract has ended and so its switched to a rolling term which states 1 months notice for me, 2 months from the landlord to get me out.
Im buying a property which is going through at the moment but until get mortgage offer I don't want to say ive 100% got it.

Letting agent keeps ringing me and emailing me telling me I have to sign a 12 month contract again. Ive obviously ignored them until I know im getting the property - ill ignore them as long as I can

I pay my rent in advance on 1st of month, what date can I give my notice in - does it have to be the 1st I leave? or can I give my notice in mid month? If I serve notice on the 15th, would that be 15th next month I leave and id owe them half the rent for that month?
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Comments

  • hazyjo
    hazyjo Posts: 15,470 Forumite
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    Don't give notice until after you have actually exchanged.


    Shelter explains notice periods/dates here: https://england.shelter.org.uk/housing_advice/private_renting/ending_a_periodic_tenancy






    (Presume England/UK)
    2023 wins: *must start comping again!*
  • diggingdude
    diggingdude Posts: 2,445 Forumite
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    Wait till you exchange. Tell agents you have no interest in renewing contract. If they threaten to go to court tell them you are buying and are not signing a new contract. I would imagine that would keep them quiet as its expensive to evict
    An answer isn't spam just because you don't like it......
  • kinger101
    kinger101 Posts: 6,277 Forumite
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    Give notice only once you've exchanged.

    I wouldn't tell the agent you're buying. Just tell them you're happy with the periodic tenancy, and won't be signing a new contract.
    "Real knowledge is to know the extent of one's ignorance" - Confucius
  • G_M
    G_M Posts: 51,977 Forumite
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    edited 21 June 2018 at 3:43AM
    marcmc84 wrote: »
    When do I give notice on my tenancy. The fixed term contract has ended and so its switched to a rolling term which states 1 months notice for me, 2 months from the landlord to get me out.
    Good. So you have a perfectly valid tenancy agreement, with maximum flexibility to leave when you want.

    Im buying a property which is going through at the moment but until [STRIKE]get mortgage offer[/STRIKE]I Exchange Contracts I don't want to say ive 100% got it.

    Letting agent keeps ringing me and emailing me telling me I have to sign a 12 month contract again.
    As above. You have a perfectly valid tenancy agreement, with maximum flexibility to leave when you want. No need to sign anything.

    Ive obviously ignored them[STRIKE] until I know im getting the property - ill ignore them as long as I can [/STRIKE]As you have a perfectly valid tenancy areement you can continue to ignore them. The only acton they can take is to give you 2 months notice (S21). Why would they do that?

    I pay my rent in advance on 1st of month, what date can I give my notice in - does it have to be the 1st I leave? or can I give my notice in mid month? If I serve notice on the 15th, would that be 15th next month I leave and id owe them half the rent for that month?
    which states 1 months notice for me, 2 months from the landlord
    What is the exact wording? Does it say "1 calender month' for example?

    In most cases, your notice would have to include a complete 'tenancy period'. Your 'period' may run from 1st of month to last day of month (since you pay rent on the 1st) but not necessarily. On what date did your original tenancy start?

    Assuming
    a) a complete monthly period is needed, and
    b) your tenancy periods start on the 1st of the montth

    then serving notice on the 15th July (for example) would mean your tenancy would end on 31st August.


    For more, see
    * 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?
  • marcmc84
    marcmc84 Posts: 49 Forumite
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    Thanks for the tips!! It says I full calendar months notice. and my tenancy started on the 5th of the month. So I have to give notice before the 5th for it to end on the 5th the following month.
  • PasturesNew
    PasturesNew Posts: 70,698 Forumite
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    Get your letter ready printed, with gaps for the dates....

    When you have exchanged, fill in the dates and hand in the notice.

    The game is to have as few days as possible between your rent date and completion.... so you don't pay "double bubble".... but there'll usually be an annoying, wasteful, overlap.
  • kinger101
    kinger101 Posts: 6,277 Forumite
    First Anniversary Name Dropper First Post
    A few extra days can work out well.

    Allows you to clean the property you're moving into (I'm moved into a filthy house before). Cleaning the property you're vacating is also much simpler once you've emptied it.
    "Real knowledge is to know the extent of one's ignorance" - Confucius
  • divadee
    divadee Posts: 10,609 Forumite
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    We had a crossover of about 6 days I think, and it was really useful as we could clean new and old houses while they were empty.
  • G_M
    G_M Posts: 51,977 Forumite
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    edited 21 June 2018 at 8:57PM
    marcmc84 wrote: »
    It says I full calendar months notice. and my tenancy started on the 5th of the month. So I have to give notice before the 5th for it to end on the 5th the following month.
    Then you can serve notice at any time to end one calender month later.

    Notice served on the 15th July would expire on 14th August.
    Notice served on the 5th July would expire on 4th August.


    Of course, if the landlord is willing to be flexible, you can agree a shorter notice period. Why not have an informal chat, explain your plans so he has some advance warning, and see if he'll let you end the tenancy at, say, 2 weeks notice?
  • Wongus
    Wongus Posts: 48 Forumite
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    Hi all,


    Similar circumstance, we are now waiting to exchange contracts on a new build property that is ready to move into.



    Our rent runs through the 15th - 14th of following month. Our AST expired in Jan 2017 and we have been on rolling ever since. The original tenancy contract doesn't state anything about the tenant giving notice.



    I intent on paying my last rent on July 15th which will see me through to August 14th.



    We're close to exchanging contracts, we are only waiting on approval from HTB to exchange. I have a reasonable relationship with the landlord, we've been in the property for over 2.6 years now, he even referred to me as "mate" in our last correspondence.



    If we still haven't exchanged, do you think I am safe to let him know of our intentions prior to 15th July? As I really don't want to pay anymore rent beyond July 15th and having until August 14th should give us plenty of time to furnish, move to our new home and clean the flat before handing it back.
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