When can we legally terminate our tenancy?

[SasherinSuite]

We have an AST agreement. We have lived here for nearly 2.5 years and after the initial 6 month term we are on a monthly periodic tenancy. We pay our rent on the 14th of the month. The agreement states that after the initial 6 months we can end the tenancy "by giving the landlord not less than one months notice in writing".

Does this mean we can give a months notice on any date or does it have to be on the 14th? We are buying a house and our vendors want to exchange on the 6th June and complete on 30th June. We would not want to give notice until we've exchanged so would be looking to do that on the 7th (if all goes to plan). If the months notice starts then the tenancy ends on 6th July which gives us 5 days overlap. This would suit us as we could take our time moving and cleaning. However if we can only terminate the contract on a rent day we would have an overlap of 2 weeks which is too long.

Are there any landlords out there who can advise which date we can terminate on?

Officially it needs to coincide with the end of a tenancy period - lots of information here from Shelter. If you pay rent on the 14th, it's likely that your tenancy began on the 14th of a month? But you may want to check your original agreement to see.

You could ask your landlord to vary this but my guess is he/she will be unwilling unless another tenant can be found quickly. It might be better to have some extra contingency to cope with the inevitable delays in house buying, to be honest.

I have checked our agreement and it does not mention termination has to occur on a rent due date. However it does state that the landlord can only terminate the tenancy "not less than 2 months from a rent due date". I'm wondering if the fact this wording is not used for the tenant mean it is not applicable.

No, that's just standard wording. You have a normal AST and so the usual rules apply. Does the agreement say which day of the month the agreement started on?

You can give notice on 6th when you exchange but the earliest (unless with agreement of the LL) you can leave will be 14th July.

Agree with Crutchlow, your tenancy runs to the 14th of every month. You therefore have to give notice before the 14th of any month, in order to move on or before the 14th of the following month but liable for rent for the whole of that period.

Why not just ask the vendors whether you can exchange and complete a week later than currently planned?

the legal rules are that minimum notice is: tenant to landlord one month, landlord to tenant 2 months. So your tenancy agrees with that.

those notices have to expire on the date rent is paid. Entirely agree that giving notice before exchange is unwise.

as noted, speak to your landlord but he/she does not have to change anything from the above.

ps of course if you keep him/her up to date and are helpful with viewings then he/she may be able to find a new tenant for a date to suit everyone. Negotiation is king!

Don't want LL to know we're moving so can't discuss with him.

So consensus is tenancy ends on the 14th so will need to suggest a different date for exchange. Btw the agreement is not dated. Why does it not mention the rent due date for tenants?

badly drafted agreement?

you'll have to tell your landlord that you are leaving at some stage!!

Yes of course . I just want to wait until we exchange so we're absolutely sure and don't get caught out.

very wise! :-)