to end my tenancy agreement with no place to go?(13 Posts)
I seem to have a real mental block when it comes to rental agreements! I just can't work out how best to navigate this.
We want to move to a new city where rental properties seem to be snapped up pretty quick (full of London commuters). Our current contract ends first week of Dec and has a 2 month break clause - so we can't leave much earlier than Dec anyway.
My concern is that from experience any landlord won't want to be waiting 2 months for a new tenant to move in/start paying rent. However my current landlord is already asking about whether we will renew our current contract. Should I tell my landlord our plans to move and just keep my fingers crossed that something will turn up? Or do I delay giving an answer until we've found somewhere?
Obviously I really want to avoid paying rent on 2 places!
People must come up against this issue all the time but google hasn't been much help. I feel like there's probably a really obvious answer and I'm just being particularly dim on this
I moved to a city with a very vibrant rental market. I rented a cheap 'holiday' room for the first Mon-Fri, knowing I'd easily find something in
that timeframe. I had keys to a new flat by Thurs.
Can you temporarily live with someone else if it would come to the worst? What's your emergency plan?
You only need to give one months' notice, a landlord gives 2. This is law, your contract cannot overrule this.
I would find a property and then serve notice. I work for a letting agent and this is the norm.
Thanks for the replies Alpha, I could stay at my sister's but that would be a bit of a faff as we'd have to move all our stuff into storage. Dizzy - perhaps I've misread our contract if that's the case. I will have another look tonight. I was sure it specified we had to give 2 months
Sorry just reread your post. So it's law!? Ok I need to do some more digging online. Thanks for the info
england.shelter.org.uk/housing_advice/private_renting/how_tenants_can_end_a_fixed_term_tenancy shelter confirms what I originally thought unfortunately
An extremely experienced lettings agent gave me this advice (cut and pasted, so these are his words, not my interpretation... and he confirms what Dizzy says )
"The agent/landlord will bang on about needing notice, but with an ASTA for a term certain, although the landlord must give 2 month’s notice to expire on the last day of the tenancy, the tenant can just walk on the last day BUT NOT ONE DAY AFTER. Just hand the keys in, get receipt, and go. If there is no renewed fixed term tenancy and the present contract ‘rolls over’, the landlord must still give 2 month’s notice to expire on a rent day, but the tenant need only give one month - again to expire on a rent day. "
So you don't actually have to give two months notice if you quit at the end of your fixed term. But you might need to use some delaying tactics to avoid signing a new contract or an extension.... you could try telling them that you want to negociate a drop in rent - my London-based spies tell me that the threat of Brexit has meant that rent has fallen in real terms - landlords are having to accept less and tenants are able to move to nicer, bigger places without a corresponding increase in rent.
Your fixed term is just that. You can actually leave the day it ends with no notice. Stay one day longer and you are on a rolling tenancy, your notice then becomes one month.
So it is easy. Tell the landlord you are planning to move on , will be looking and will give a months notice after december, if you don't leave at the end of the fix.
This is incorrect.
If you are in a fixed contract, you can only move out on the natural end date, or earlier by using an agreed break clause if there is one. It sounds like you have a rolling break so you can give two months' notice to move out before beginning of Dec, or beginning of Dec when the fixed term ends. The Landlord however must give you two months' notice to leave, even if he wants you to go on the natural tenancy end date.
IF the tenancy rolls onto a statutory periodic tenancy after this date and you don't sign a renewal agreement, THEN statute says you may give one rental period's notice, in line with rental periods. So a month if you pay monthly. LL can give a minimum two months' notice (or a rental period, whichever is longer.)
You can delay, although many LLs will want to start marketing from two months to a month in so without a decision might serve notice anyway.
Are you with an agent or LL direct? Always best to keep things as amicable as poss but understand why you are unsure! have any properties caught your interest? Some will be marketed two months in advance
Also bear in mind LLs/agencies may find out if you need to obtain reference for a new place. You are in a good position as a tenant though, especially in run up to Christmas as lots of landlords will want you to stay until spring when marketing is better!
Thanks all we are with an agent. We've been great tenants and met our LL who is lovely. I know she had trouble finding a reliable tenant before us so I can't imagine she'd terminate due to uncertainty re renewal. I want to give as much notice as possible so that she's not out of pocket (as well as us) good to know about Christmas period! We are going to see an agent this weekend so I will ask whether a later move in date is at all likely in the current market x
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