Periodic Tenancies and Notice to Quit - Advice please!

Apologies if similar threads already in place.

Originally on a 6-month AST Agreement, which a periodic agreement followed on a month to month basis. A year on and I need to give Notice imminently when I complete on a house purchase. Do I need to serve Notice from the rent due date (currently paid on 1st of each month) or can I serve notice from the date I originally moved in (7th of the month) or can I give notice for exactly one calendar month before I complete on my house purchase.

I fear it may be the former, but this means I am likely to be paying a full month's rent plus my first month's mortgage payment (which is substantially higher in the first month). I don't yet have a completion date and have not yet exchanged but the two processes could well be on the same day so at this point in my purchase I have no date to work to!

Can I ask my landlord if he can be flexible? Do I have any rights?

If you are in the know I would appreciate your input.

Thanks

You can serve notice of "at least 1 month" at any time, your notice must target a tenancy boundary date, so if you usually pay from the 10th to the 9th of each month, your notice would be for a 9th. Of course you can ask your landlord to be flexible. They may be. A date is just a date, pro rated rent is still rent. Landlords like clarity (well, I do).

You don't have any additional rights per se. You're just ending an agreement as you must. What you are doing outside of that agreement - saving money, losing money - is entirely your concern.

---------- Post added 02-11-2016 at 21:54 ----------

You know you agree a completion date, right? It's not just forced on you and you have entirely no say. It sounds like you think this is the case.

I'd suggest serving the Notice To Quit ONLY when contracts are actually exchanged on the purchase.

Yes, this might lead to a short overlap- but that's better than:

a. being homeless; or

b. merely hoping/assuming that contracts will be exchanged on a future date!

Thank you both for your advice.

Please could you provide clarity on WHEN I have to actually serve the notice during the month that I do? ....

My rent is paid on 1st of each month and reading my original AST agreement, I understand it to mean I have to give notice no less than one month from the next rent due date. From this I understand this to mean I have to give my notice to quit on the last day of the month prior to the month I move out (e.g. Give notice on 30th November with a view to moving out on 31st December). However I am unclear on whether I can give notice AT ANY POINT during the month before I intend to move, regardless of the rent due date (e.g. If my solicitor suggests I will exchange on 16th November with a completion date of 16th December then am I within my right to serve this notice to my landlord and pro rata the rent up until 16th December when I move out?).

In terms of exchange/completion, I have been pushing for this ASAP as I want to try and be in the new house before Christmas so whilst it is negotiable, I will endeavour to get this through this side of Christmas but it's likely not to fall in line with the rent due date.

I understand what you are saying Jeffrey in terms of the risk of becoming homeless/date assumption (which I would not risk) but I would like clarification on whether I am able to give notice at any point during the month and not just on the rent due date. Any ideas?

Many thanks

---------- Post added 03-11-2016 at 19:20 ----------

(I would rather avoid paying for a full months' rent in the last month to only be in the rented flat for a fraction of that month)....?

I understand to end a Periodic tenancy, you must give one month's notice to end this monthly arrangement, BUT... This notice must end on a rent payment day.

So your notice must be one rental 'period', i.e. in your case, 1st to month end, and any excess by giving more notice before.

Your landlord may be understanding though. TALK.