Notice period on rental property that is being sold

[ImNotAFlower]

Hi I'm hoping someone has some knowledge of rental laws as I am struggling to find a definitive answer.
On 28th January our landlord informed us that he was going to put the house on huge market.
We have a rolling contract that states that we have to give two months notice. I didn't realise that the letting agent would still require written notice from us (talk about dropped the ball) and so did not give notice until 24th February.
We have managed to begin the process of buying our first home but it is looking likely that we will need to move before our two months notice is completely served. Does anyone know if there is a way to avoid this?
Normally I wouldn't even think of breaking the terms of the contract but as the house is being sold and we have no choice but to move I am desperately hoping there may be a clause to help us out as there is no way that we can afford the rent on this house and mortgage on our new one.

Are you in England or Wales? If so, the notice you as the the tenant must give, by law, (important as this overrides whatever your contract may state) is one complete period of the tenancy, so if you pay rent monthly you give one month's notice. That month must end the day before you would normally next pay the rent. You only have to give two months' notice if you pay rent every two months.

The LL telling you they were selling the house was not them giving you notice to quit as you now know.

Chances are you may not complete your purchase as quickly as you think. Communication is the key - the LL may be happy to let you stay on for a couple of weeks or so - as long as you pay pro-rated rent - after your minth's notice is up.

exactly what I was going to say. On a rolling contract your notice is a month, but as it sounds like you don't have exchange yet it may all work out perfectly.

as wowfudge says, communicate with your landlord; you both want the same thing (you want to leave, he wants you to leave) so it is just a matter of synchronising dates. Make your life easier and have a couple of days of overlap, that way you could also save money on moving costs by not getting removals on a Friday.

Thank you both so much for replying. Unfortunately the landlord has categorically said no to letting us leave early hence the question. I really appreciate the information now possibly into battle. Our house is a new build, no chain so may well move quickly. It would be fantastic if it all falls into place though, fingers crossed!

If your LL is saying you have to give more than a month's notice, they are wrong in law. You cannot be compelled to stay longer. It doesn't matter that he or she wants you to stay another month - you can't be forced to. If you are able move into your new place when your month's notice runs out, then you can and you owe no further rent.

Where is your deposit? Do you have details of the deposit scheme it is protected in?

The deposit is in The Deposit Protection Scheme. It is in the letting agents contract that we have to give two months notice, not sure if that makes a difference? We are in England not Wales.
I feel bad even looking into this but paying both rent and mortgage would completely cripple us!

Okay - so good news about your deposit. It doesn't matter that it's the letting agents' contract, but it does explain why the LL won't budge: they are paying someone who they consider to be a professional for a service, but the professional is wrong in law. Let me find a link to Shelter for you and you can send it to the agent and inform them their tenancy agreement document is not legally binding in this specific respect as it is wrong in law.

I've just found some info on Shelter's website which contradicts what special and I have advised you. But - what is important is exactly how the tenancy agreement is worded. If I were you OP I would ring Shelter for some advice - you will need your original AST to hand. What you don't want is to find you are liable for an extra month's rent and can't pay it.

aha - live and learn, will look into this for reference.

that said, new builds are always late anyway. Do be careful it doesn't go the other way and you find yourself homeless, which will mean a hotel and storage.

Have you agreed to a completion date with the builders already? I think they usually insist on exchange within 6 week as, is that right? When did you start the process of buying? You do have some control over how long things take from your end, as it's dependant on you doing your mortgage application, signing the contract and returning it etc. can you suggest a completion date that suits you better, even if you exchange several weeks ahead of that date?

Hi all. Thank you for pointing me to shelter I will investigate! The problem we have is that the house is part rent part buy, we have to move in within 28 days of completion, if it hangs on another week we will be fine.... It seems strange to hope things go slowly .
The landlord is happy for us to stay as long as we need to if he doesn't complete first (unlikely as there has been little interest in the property).
Thanks again for the advice

As an aside, the landlord cannot complete the sale with you there - all sales are contingent on vacant possession.

keep an eye on everything - I think (and hope) it should all work out.

Thank you special