Confused about notice on rental

[Holibobs11]

We’re just about to exchange on a hosue purchase. We’re first time buyers currently in rental. We’re trying to work out which completion date to go for. Our current 1 year rental contract started on 22 Nov 2022 and we are in the break clause period where we can give “two calendar months notice”. We pay rent each month on the 23rd. So if we give notice on the 9th Sept which is when we’re likely to exchange, how does that work with giving two months notice and the fact we pay on the 23rd of the month? Does it mean the two months notice will start on
23rd Sept and end on 23 Nov? Or do we pay part rent for the final payment? Completely confused

your contract should state specifically what it means in that situation, but your landlord/letting agent should be able to clarify. when I was in this situation my term end and definition of a month was based on when my rent was paid, so in your example 22 of the month being the start/end of the month. my letting agent wanted to enforce it but my landlord let me pay a part month to suit my needs. my advice would be to set completion for a week or so before whatever your rental move out date ends up being so that you’re not rushing to do get moved and cleaned up in one day!

Read your contract but I think if you gave notice now the contract would end on 22 November ie 2 months from the start of the next rental month.

Thank you. Really annoying as vendors pressurising for short gap between exchange and completion and we don’t want rent and mortgage to overlap too much (was hoping a 2-3 week overlap). Not sure how we negotiate these things as it’s first time for us. I’m sure we mentioned our two month rental period at the start but the chain has been going on 6 months so it’s all a bit hazy and I actually didn’t think it would ever happen!

Statutory notice is one month which must align with the rental period. In your case, you have a contractual notice period. As it doesn’t specifically state that notice needs to align with the rental period, then it doesn’t need to. This means you can hand your notice in at any point and your 2 months notice begins the following day. For example, hand notice in 9th September, notice starts 10th September, you need to be completely moved out of the property & keys handed back by 9th November.

This would be my guess without reading your contract.

@Funnyfive is the comment I meant to agree with

Talk to your landlord or letting agent - some are willing to be flexible about this.

Your tenancy will state whether notice is effective from date given or from next rent due date.

Thanks all

Ive just let my tenants stay on for three extra weeks. The agents were against it but I told the tenants as long as they allowed viewings I was ok with it. Most landlords will be accommodating to slight adjustments if you are flexible too.