Moving out: when to give notice

[Fleabag123]

I’m in rented accommodation; was on an AST which stipulated 2 months notice but the contract expired in June. My understanding is that it then reverts to a rolling contract and therefore the notice period is 1 month, is this correct?

I am in the very early stages of buying somewhere (offer accepted but waiting for mortgage approval/surveys) so it may not even go through.

So as not to drip feed the landlord is terrible and we don’t have a great relationship (nothing to do with £, I’ve paid in full & on time throughout tenancy), just other things. They haven’t played by the rules in terms of proper notice for access then get narky when I insist on it. They haven’t fixed things for months on end (literally still waiting for repairs on something we reported before Christmas). I’m also 90% certain they haven’t put our deposit in a registered scheme despite saying they would.

I’m not sure whether to say that I’m looking to buy and therefore (hopefully) moving soon or just to wait until I know for sure and then give notice.
I’m aware the 1 month notice could work both ways so don’t want them to try to get us out if they know we’re already thinking of leaving.
Any advice?

It should be one month on your side but 2 on landlord's.

Hi Fleabag

It depends on whether your contract is statutory periodic or contractual periodic
a)If it is Statutory periodic -it is 1 months notice ending on the first or last day of your rental period.
b)it is contractual periodic, you have to give notice exactly as it says in the contract.

Stat Periodic - contract will say something like "this is a fixed term contract from (date to date)" and say nothing else after or may say will continue as a stat periodic and a applies

Contractual periodic- contract will say something like "this is a fixed term contract until (date) and will then continue as a monthly or periodic contract and b applies So if the contract says 2 months then it is 2 months, if it says 3 weeks it is 3 weeks etc

You can also agree a date to leave with your landlord if that is more convenient for you both. (just make sure you get it in writing from LL)

All the above will end your tenancy and therefore your liability for rent.

Landlord has to go through the correct procedure if he wants you out. which will usually be 2 months if they are using a s21 notice - then they have to go to court for a possession order once the s21 expires if you are still in the property. Once the possession order has been granted the LL then has to go to court for a bailiffs warrant. They cant just give you one months notice and expect you to leave.

Please note if they serve a s21-this is only a notice seeking possession - it doesn't end your tenancy - if you want to leave before the ll has gone through the process, please make sure you give notice as described above otherwise you will still be liable for rent and the ll can chase you for it until the tenancy is ended legally.

Thanks, that’s really helpful. I will dig out the old contract and see what it says

What about the non protection of the deposit? I don’t trust that they won’t try to hold on to some of the money for spurious reasons. There is (IMO) nothing more than wear and tear. They have done no renovations for at least 2 years

I moved from rented recently & gave notice on exchange of one month and requested a month between exchange & completion, which they agreed to.

Trouble is before you've exchanged it could fall through and that could be a nightmare.

That's really naughty if they've done that.

Try checking with the main ones see if they've had it. Ours was but I couldn't recall getting paperwork.

I couldn’t find any paperwork, I’ve rented for years and have always had email confirmation before but nothing with this tenancy.
I suppose it’s worth checking but as I say my gut feeling it it’s not been protected

If it has not been protected he cannot serve a VALID notice to quit unless he reyurns the deposit, also you can make a claim against him and the court has the discretion to award up to 3 times the amount of the deposit to you.

Thanks for replies. It looks like a stat periodic, it says valid for 12 months which expired at the end of June 2018. There is nothing further stated after the term of 12 months and the rental period is 1 month.

It also says that notice cannot expire between 20th Dec and 5th jan of any year of this contract. If the contract expired in June can that still apply? If our purchase does all go to plan then it may be around this time (might be pushing it but there is no chain on either side)

It also says that notice cannot expire between 20th Dec and 5th jan of any year of this contract. If the contract expired in June can that still apply?
It could be argued that that is an unfair term. But as you are in a stat periodic then the law will now apply which is one month ending on the first or last day of (apologies I said rental period earlier )

For instance if you wanted to give notice now (i know you don't - this is just an example)- if your TA started on the first of the month- if you gave a months notice that would take you to the 5th Dec (which is not the first or last day of the tenancy period) so you would be liable to pay rent until the 5 th of Jan and that is when the tenancy would end.

until the 5 th of Jan and that is when the tenancy would end.
omg I meant the 31st Dec! So sorry! (not much help here :) )

Haha, no that’s a really helpful. Thanks

You are in the driving seat a bit as well with the purchase, I know you don't want to piss off the vendor too much but you can ask to exchange/complete to try and minimise paying mortgage and rent, though a small lap over is really good as you'll need to clean the rental and move and bloody hell that was stressful.

You can search online to see if it's protected with some personal details and your tenancy start date.

I'm not sure of the process if it's not protected but the TDS are pretty helpful, they will search for you.

When you do hand your notice in, I would ask at the same time for details of the protection scheme used and the reference number and take it from there.

Yes good idea. Ideally there’s a bit of overlap as we want to do a bit of work to the floors of the new place which will be much quicker while it’s empty. But can’t really afford rent and mortgage with all the moving expenses too!

I’m going to wait a bit and see what’s what before I say anything to landlord. I have a feeling we’ll hit mid December without having exchanged and then probably nothing will happen until 1st week of Jan.
Searches in this area can take up to 4 weeks apparently

Have a look at the MSE Buying, Selling and Renting forum. They are all over this sort of thing.

You can check if your deposit is protected online, there are three places to check. Also, do you have the necessary fire alarms?

If no to either of these you are in a much stronger position.

If your original tenancy has expired with no renewal you will now be on a Statutory Periodic Tenancy.

Also talk to Shelter, they will be up to date on the regulations.

Thank you all.

Just checked the 3 schemes and there’s no record of my deposit being registered anywhere.
We do have fire alarms and they bought some fire extinguishers round the other day. They’ve mentioned a boiler check too so I think gas safety is covered although I don’t have a copy (this has been standard with previous LLs)

They've mentioned a boiler check Erm do you recall them sending someone round do that in the last year? I'm pretty sure they're legally required to provide the certificate. Thank god you're moving out. They sound terrible.

Sorry, that wasn’t clear. They did a boiler check last year and sent a text recently saying it was due again.
But you’re right, they don’t know much in terms of what they’re legally meant to do. I think they’re “accidental” landlords but that shouldn’t excuse it!!