Tenancy End Dates

[am2541]

Hi, We are currently in a tenancy which is a periodic tenancy. We are looking to end the tenancy and move into a new house we are buying.
Our rent period starts 9th of each month, we gave a notice on 12th July that we wanted to move out and if they could end the tenancy on 12th or 9th of August.
However the agent says that we have to serve one months notice in line with due date and hence the tenancy end date can only be 9th September.

Is the agent right ? are we not able to give a months notice from any date ?
Thanks,

I would expect the tenancy agreement to be specific about the notice period, and when it can be given.

I have only ever dealt with annual AST's, and many don't have a break clause.

What does the contract say?
If you have to give 1 months notice and the start date was 9th then you must give 1 months notice on 9th so it you gave it on 12th you have missed that month.
It does depend on the contract though

Have you checked your tenancy agreement? It should state when you need to give the notice by. But generally speaking, if your rent period starts on the 9th of the month, you would need to give notice on or before that date to leave the following month.

Check your tenancy agreement as it will state the day of the month that you need to give notice. Unfortunately, it does sound as if you may have missed the July date.

Yes, sorry but the agent is right. You timed it wrong.

Just to add, if your period starts on 9th, the last day to give notice is the 8th so if you give notice now your one month notice period will start on 9th August to 8th Sept

It should be specified in your tenancy agreement, but yes it would be quite normal to have to give notice and only have it apply from the next rent due date so the agent is most likely right. However, you could indicate that you are willing to allow viewings immediately and if they get a new tenant earlier than the end of your notice period perhaps they would agree to let them move in and release you from the remainder of the period.

Certainly worth a try.

Just to add: Are you sure that your new house will be available to you on the date you're expecting? Is it a new build?

If there were to be any problems or delays with your purchase and you've already given notice on your rental, this could leave you homeless for a while, possibly weeks or months. This is why many people don't give notice on their rental home until they have exchanged contracts on the home they are buying. Maybe get an update from your solicitor?

Yes you will most likely have an overlap during which you will need to pay both rent and mortgage, but that's better than having nowhere to go, and having to store furniture etc. With the rigidity of most letting agents towards notice periods this means timing the giving of your notice carefully to get the results you need. You can always tell your solicitor to slow down etc, they'll be familiar with the situation.

On the plus side, having the keys to both homes does mean you can move at your leisure, plus plenty of time to organise cleaning etc to hopefully get back your full deposit.