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Original poster

Giving notice on rental when purchasing - AIBU?

45 replies

Ariellaminta · 01/06/2022 09:35

I just want to check my thinking on this and would appreciate the wisdom of MN.

After seven long years of renting, DH and I have just had an offer accepted on a house.

We are on a monthly rolling rental contract, where we have to give one full rental period's notice. So our notice could be as short as one month (if we time it right), or just under two months (if we don't!).

The estate agent is saying that completion is currently taking about 12 weeks, so that would be around mid/late August.

Everything I have read online says not to give notice on our house until we exchange. As until then, there are myriad ways in which things could go wrong and we could end up with no house to live in if the sale falls through!

However, a family member is being particularly vocal about how "unfair" they think it would be on our landlord to only give her 1-2 months' notice, and that it would be a "courtesy" to let her know much earlier (via the lettings agency) that we are thinking of moving. As in, to mention it now!

I think this would be unwise. But I just want to check my thinking?

OP posts:

JustKeepLookingWithYourEyes · 01/06/2022 09:44

I agree with you and I don’t think it is unfair on the landlord, if they wanted more assurance then they could easily have had longer terms such as 6 months so they will know it is a possibility. When we bought we had to give a months notice and did so on the day we exchanged. The house let very quickly and the landlord had new tenants ready to move in a few days after our tenancy ran out.

Beees · 01/06/2022 09:50

Absolutely don't give notice until you've signed on the dotted line.

The relative is talking nonsense, the landlord could give you a similar amount of notice that they want you out so it works both ways.

Applesapple · 01/06/2022 09:50

I agree with you. Don’t give notice until exchange. As long as you’re giving the agreed amount of notice (1month/ just under 2 months) than that’s what the landlord would expect. No different to if you were moving into a different rental. If you let the landlord know, they might see it as you agreeing to let them start getting ready for the next tenant, to save themselves the void period, which could make it less pleasant for you to live there while you’re dealing with house buying stress.

friendlycat · 01/06/2022 09:52

You are not unwise at all. You say nothing at the moment as property sales fall through all the time sadly or can take much longer than anticipated.

It's a business transaction at the end of the day and your contract states rolling one month rental and you have worked out the position you are in of either having to pay 1 or potentially two months rent due to timings. Rolling rental is good here for you and you stick to the terms of your contract.

Your family member is wrong. Why would you out of courtesy inform the agent of your intention to buy and leave your rental? Your contract could leave you homeless with one month's notice after all at any time. Do you think you would be given the courtesy of prior information if the situation was reversed when you have a contract that stipulates notice periods?

You are in the right here. Ignore family member as they are wrong.

GlisteningGoldGrasses · 01/06/2022 09:52

Not unfair at all. I've always rented and the contracted amount is the notice you always get. If they needed longer they'd have put it in their contract. Also if you tell them in advance they may then give you notice and then you'll be stuck.

JemimaTiggywinkle · 01/06/2022 09:54

I would definitely not give notice until nearer the time.

If you knew the landlord on a personal level, I would give an informal heads up that you are likely to give notice in the next few months.
But if it’s always been very formal and through an agent, then I wouldn’t.

senua · 01/06/2022 09:58

a family member is being particularly vocal about ...
It's easy for them to spout, they have nothing to lose. Ignore, ignore, ignore.
You are correct: nothing before exchange.

Shmithecat2 · 01/06/2022 10:03

Family member is talking nonsense. We bought a house in December. Haven't moved in yet as it's having major work done but we haven't told our landlords yet either. Its NOTB. We're on a rolling contract with them and they'll get their months notice when we're ready, not before. Landlords aren't owed any favours beyond the scope of the tenancy.

RidingMyBike · 01/06/2022 10:08

Your family member is talking rubbish. Do not 'warn' the landlord - they can also give you that much notice, so you'd be running the risk of sale falling thru, landlord gives you notice as found new tenant, you're homeless.

If you can, try and get a gap of a few weeks between exchange and completion (we should be having 3.5 weeks for ours), that way you have some certainty over moving dates and when to end the tenancy so you can plan. We also found it helpful (last did rental then bought 12 years ago!) to have a few days leeway after moving so you can get the rented house into really clean condition and get your deposit back.

The landlord should be budgeting for a tenant leaving at some point and a potential void period. That's their problem, not yours.

WildCoasts · 01/06/2022 10:10

As long as you give the notice in your contract, there is no problem at all.

Bollindger · 01/06/2022 10:11

They took your money, so they profited from a good tenant.
Also giving yourself time means you can clean and paint also carpet an empty house.

Whinge · 01/06/2022 10:11

I agree with everyone else, definitely don't mention anything until everything is signed and ready to go.

Just out of curiosity, is the family member a landlord?

RidingMyBike · 01/06/2022 10:13

And house buying timelines are notoriously unpredictable, so you would be putting yourself at risk of not having anywhere to live for a while unless you wait for exchange to happen - once the paperwork is ready to go you can suggest exchange and completion dates via your solicitor that work for your timeframe.

We were expecting to complete house purchase (currently in rental) at end of April. We haven't exchanged yet. It looks like we'll probably get to completion by July. Our landlord has no idea about any of this!

Edderkop · 01/06/2022 10:13

I think it really depends on the landlord/agency. When we were in the same position we spoke to the agency approx 2 months ahead of when we thought we might complete and asked if they'd accept one month notice (so not tied to the payment date) which they did. We then told solicitors we wanted a gap of 3 weeks between completion and exchange so we only had a one week cross over.

Landlord has to give 2 months notice tied to payment date so we felt it was low risk to have conversations at this point

CoverYourselfInChocolateGlory · 01/06/2022 10:15

I'm a landlady and agree with you and not your family member. You have a contract, you are well within your rights to stick to it. Do not give formal notice earlier as then you put your landlord in a difficult position if there are delays as they may have another tenant lined up to move in and you'll have nowhere to go.

If you have a good relationship with your landlord, you could choose to let them know that you are thinking of moving out and telling them that you will give them the proper notice as outlined in your contract (this gives them time to set money aside for any loss of rent, repairs, redecorating, etc that they may not have planned for) but not if you think this means they may try and evict you earlier. I've had several tenants in my time want to break the notice period and stop paying rent earlier which we've agreed to every time with a one-off fee to cover annual % of agent costs incurred by the earlier re-letting, and agreement of liability if we're unable to let the property - which we never have been, it always gets snapped up quickly.

Contracts are there for a reason.

melmos · 01/06/2022 10:17

Op we had the same don't warn your landlord stick to your contract and don't give notice until you have exchanged you will probably have to pay rent and mortgage but a month.

Thought our landlady was nice and she was a complete cow about it and nearly ruined us financially had it not been for the help from family.

Edderkop · 01/06/2022 10:19

I don't think my answer above was clear, we spoke about negotiating a shotened notice period if the dates didn't line up with payment dates, but we didn't actually give notice until exchange.

Supersnot123 · 01/06/2022 10:44

I'm landlord and just had a similar situation. Had my tenants in for 5 years and they were pretty good, and in turn I looked after them well, replacing things as soon as they were broken, putting new flooring down etc. They bought a house and only gave me 1 months notice which I was a bit miffed about tbh... I would never have kicked them out with just 1 month's notice!
I had to redecorate a bit and had to do the work myself as all the decorators have at least an 8-week wait at the moment. Also a bit of the fence was broken and it'll have to be done while the new tenants are in for the same reason.

So yeah... you don't have to give more notice, but if they've been good to you they'd probably appreciate a heads up.

Beees · 01/06/2022 10:52

They bought a house and only gave me 1 months notice which I was a bit miffed about tbh... I would never have kicked them out with just 1 month's notice!

If you're miffed about it why not make the notice more when writing the contract?They did exactly the right thing and gave you the amount of notice you asked for.

It's very easy to say you'd never only give them 1 months notice to move but that's all that's needed, then depending on the situation of course you might give them just 1 month.

LoudingVoice · 01/06/2022 10:59

Supersnot123 · 01/06/2022 10:44

So yeah... you don't have to give more notice, but if they've been good to you they'd probably appreciate a heads up.

If you want more notice put that in your contract, you’ve nobody to be ‘miffed’ at but yourself, they did nothing wrong whatsoever.

Also, if you’ve had to redecorate & fix a broken fence did you really look after the property that well while they were there?

Original poster

Ariellaminta · 01/06/2022 11:08

Thanks everyone! I think I am just going to disengage with family member as much as possible. They have... curious... and very set views about how the world works sometimes.

Just out of curiosity, is the family member a landlord?
No, just somebody who once bought a house 40-odd years ago.

I would never have kicked them out with just 1 month's notice!
I would hope not given that the legal minimum on a rolling contract is normally two months! You must have agreed the terms of their contract, though?

If you can, try and get a gap of a few weeks between exchange and completion
Good tip, thank you!

OP posts:

sleepymum50 · 01/06/2022 11:10

My Dd and her boyfriend were renting a few years ago. They were just coming up to renewal time of a 6 month contact. They were due to buy a property which would have been available to move into in 4 months. She made the mistake of asking the landlord if they could sign for just 4 months, or if not, sign for 6months, but if he found tenants for the last two months, would they be excused the rent. Failing that they were prepared to pay the 6 months.

The landlord responded by changing the 6 month renewal to a 12 month contract. When they didn’t want to sign that he gave them two months notice.
They ended up having to move into their property two months early, whilst it was undergoing major renovations ie no kitchen.

it wasn’t the end of the world, and at least they weren’t homeless. But the property was extremely rentable, so it is really unlikely the landlord would have had a void. And in a way my Dd was offering to give home four months notice, and he effectively turned it into two months notice.

Pemba · 01/06/2022 11:13

Landlords have to give 2 months notice, tenants only one month. How do people not know this (especially landlords)?

OP, you are only obliged to give the amount of notice stated in your contract. You can bet as soon as they know you're going they will be pestering you to have viewings for new tenants. I am sure you are busy enough as it is. Keep your cards close to your chest, I would. I believe you don't have to allow viewings whatever it says in your contract, although if they have been decent to you you might allow it. Only at times convenient for you obviously.

You may end up with a bit of an overlap where you are paying both rent and mortgage, but personally I find a few days at least of this essential for getting sorted. I'd also recommend getting a professional clean for your rental place (provided it was clean when you moved in), saves a lot of effort if you can afford it. Oh and if you ask the letting agents /landlord to recommend someone they can't then turn around and say it wasn't good enough. Sadly, depending on the vendor, you may also need to have your new place cleaned!
Good luck and congrats!

SheWoreYellow · 01/06/2022 11:15

A month is fine. What will they do with more than that anyway?

SunThroughTheCloudsAt6am · 01/06/2022 11:22

I'm a landlord, and that's what 1 month rolling contracts are for. The way the rental market is at the moment, unless the house is truely awful, they won't have any trouble re-renting anyway.

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