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Extending notice period - mutually beneficial

2

Comments

  • Cakeguts
    Cakeguts Posts: 7,627
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    You have the right of a 2 month notice period because your landlord has said you can stay longer. They will be able to sell the property quicker if you are not there.

    If you don't want to pay full rent you have the option of moving out once the notice is up. You are asking for a discount to suit you not the landlord who will get on better selling a vacant property.
  • lena_halo
    lena_halo Posts: 164
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    If it was me I'd just be grateful not to be out on my ear with nowhere to live until the house purchase completes! A house with no chain that is vacant could be more tempting to potential buyers than a house with a tenant who is in situ with no move date!

    Good luck with your house purchase, hopefully it won't take too long to complete!
  • G_M
    G_M Posts: 51,977
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    I too would reject your request and enforce the S21 notice after 2months.

    Then I could market a vacant property which is much easier to sell.

    * You are getting the flexibility to remain there till it is convenient for you to leave
    * in return the LL is getting cooperation from you with viewings, and rent for a bit longer
    * against that, the LL has the difficulty of trying to market a tenanted property


    Get something in writing, if you can, about the flexibility of your tenancy end eg that the LL will accept 2 weeks notice from you instead of the (presumably) full tenancy period he's entitled to.
  • Cheeky_Monkey
    Cheeky_Monkey Posts: 2,072 Forumite
    Lvl_chg wrote: »
    There's been no loyalty to me as a model tenant for years so why should I show any loyalty to them and pay full whack.

    Because you are contractually required to do so.

    Your attitude doesn't seem to me to be that of a 'model tenant' but rather one that is suffering from a severe case of sour grapes!
  • Lvl_chg
    Lvl_chg Posts: 17 Forumite
    But cheeky monkey, my contract ends in June. This subject is all related to post contract.

    I'm going to be a "cheeky monkey" myself and ask. I shall let you know if I'm required to eat humble pie.
  • franklee
    franklee Posts: 3,867
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    You are on a sticky wicket if you cannot leave by the end of the S21 notice period then:

    The landlord can apply to court for possession and if her notice was valid it's likely you would have to pay the court fee.

    You will then be on a periodic tenancy so in the absence of an alternative agreement you will need to serve one whole periods notice. For a monthly tenancy this will be between one and two months depending on how the dates fall. Best practice is not to serve notice until you have exchanged contracts on your purchase.

    Presumably there is a deposit to argue the return of?

    You could hit back with a refusal to allow viewings.

    On the other hand you could, as G_M said, try to negotiate flexibility in your leaving date like 2 weeks notice. That will save you stress and money in rent by shortening the notice period. It is the option I would prefer as it is of benefit to both yourself and the landlord.
  • franklee
    franklee Posts: 3,867
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    edited 15 May 2018 at 12:34AM
    Lvl_chg wrote: »
    But cheeky monkey, my contract ends in June. This subject is all related to post contract.
    Do you mean your fixed term ends in June? If you stay past the end of the fixed term then you will automatically go onto a periodic tenancy. This has the same terms and conditions as the current tennacy except that notice you will be required to give is at least one whole period ending at the end of a period.

    Unless you can negotiate otherwise with the landlord but she could just say no and hold you to the tenancy terms.
  • saajan_12
    saajan_12 Posts: 3,594
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    Lvl_chg wrote: »
    Cutting a long story short:

    We are renting and my landlord said she was selling up. We negotiated to buy the house to what we thought it was worth but landlord declined so it went on to the open market and she served our two months notice. She did however say this may be flexible.

    We've since bought our own place but are still in the early stages with the solicitors and have no estimate on exchange yet. It won't however be before the end of our tenancy here. - so you do have a need for housing.. upsetting the LL could see the LL evicting you on the S21, with you covering court costs, an extra move and looking for short term housing which could get very expensive..

    We've allowed access to the property whenever they've wanted. However, with minimal viewings the landlord is struggling to sell this property. She has said it shouldn't be a problem for us to go past our notice period whilst awaiting to move.

    My query is, I genuinely feel I am entitled to a discount on the monthly rent during this (hopefully) short period. - WHY?! you aren't doing anyone any favours, you pay full rent as per your contract. I will still be paying the council tax etc whilst I reside here and she would be getting SOME rent, rather than none and be eligible for the council tax whilst the property sits empty. - yes the LL gets rent + doesn't pay council tax, but equivalently has a tenant in situ which will put off some viewers. You get a place to stay, minimal disruption / moving costs during your purchase, minimal overlap in rent+mortgage.. ideal! Sounds like you are coming out on top, if anything should pay more not less rent!

    I know this will rile some people but I've come to learn the housing market is cut throat. There's no loyalty and people do what is best for them. Well a discount is what is best for me. She would be cutting off her nose to spite her face otherwise.

    Let me know what you feel. I'm thick skinned :D

    You've got that backwards, YOU would be risking losing a stable place to live by demanding a discount. If LL doesn't grant your discount, would you really move, spending £000s on extra removal costs, a new tenancy..
    Lvl_chg wrote: »
    Haha. It does make me laugh that people think that the LL is somehow being helpful out the goodness of their heart.- just like you're staying there out of the goodness of yours? No, you're getting continuity of tenor while your purchase goes through rather than facing an extra move. The only reason they want us their short term is that I'm contributing to their mortgage whilst they struggle to sell.

    They had the opportunity to sell to me at the market value but instead decided to put it on the open market at a wildly over valued price. After never getting a formal valuation. - That's your opinion. They have no obligation to sell to you, you can't blame them for wanting to try it on the open market.

    They've now asked if our final offer still stands and no it doesn't! There's been no loyalty to me as a model tenant for years so why should I show any loyalty to them and pay full whack.- Because you want 'full whack' of a place to stay! That's not loyalty, that's your agreement. It does make me laugh that people think fulfilling their legal duties as a "model tenant" is something to applaud.


    Lvl_chg wrote: »
    But cheeky monkey, my contract ends in June. This subject is all related to post contract. -
    Incorrect. Your contract ends when notice served by you or a court expires. Perhaps you mean your fixed term ends, or the LL's intention to evict expires. Neither of these end the contract, you will still be very much within contract in June (perhaps a rolling one)


    I'm going to be a "cheeky monkey" myself and ask. I shall let you know if I'm required to eat humble pie.
  • Lvl_chg
    Lvl_chg Posts: 17 Forumite
    Well many thanks for all the replies. It is obvious those of you which are landlords that have a chip on your shoulder, for some reason or another, and those of you that are landlords that take a more sensible approach at things.

    Thankfully my landlord is the later. We've agreed that a monthly rolling agreement works best for us both. With my full cooperation when it comes to viewings (which I have done already) I will get a 25% discount during this time.

    I have to say it has somewhat shocked be at the attitude of some landlords on this thread. I understand that some tenants can be difficult, can wreck the place however this is not always the case. For many tenants (and more and more going forward. In the generation of renters) this is their home! Not all tenants live in their own mess, whilst not cleaning the windows, mowing the lawn etc as they want to enjoy where they live.

    I'm thankful to my landlord (as they are thankful to me) for agreeing you a mutually beneficial agreement in what we both hope to be a short term agreement.

    I hope that many others (both landlords and tenants) in this unfortunate transition period are as lucky as I am.
  • Bass_9
    Bass_9 Posts: 151 Forumite
    Lvl_chg wrote: »
    At no point have I disliked peoples replies. I'm playing devils advocate.

    I reckon I'm "worth" a 25% discount :)
    Lvl_chg wrote: »
    Well many thanks for all the replies. It is obvious those of you which are landlords that have a chip on your shoulder, for some reason or another, and those of you that are landlords that take a more sensible approach at things.

    Thankfully my landlord is the later. We've agreed that a monthly rolling agreement works best for us both. With my full cooperation when it comes to viewings (which I have done already) I will get a 25% discount during this time.

    I have to say it has somewhat shocked be at the attitude of some landlords on this thread. I understand that some tenants can be difficult, can wreck the place however this is not always the case. For many tenants (and more and more going forward. In the generation of renters) this is their home! Not all tenants live in their own mess, whilst not cleaning the windows, mowing the lawn etc as they want to enjoy where they live.

    I'm thankful to my landlord (as they are thankful to me) for agreeing you a mutually beneficial agreement in what we both hope to be a short term agreement.

    I hope that many others (both landlords and tenants) in this unfortunate transition period are as lucky as I am.

    I'm not landlord but nevertheless I think you've been lucky. Some wouldn't entertain it and would much prefer a vacant house to sell.

    Glad to hear you've managed to reach an agreement you're both happy about.
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