How much notice during notice period?

Paddy1234

Hi there

Does anyone know how much notice you have to give to depart when your landlord has given you a notice to terminate the tenancy? We are currently in the middle of the notice period the landlord has given us.

I rang the landlord to tell him we would be moving out in a few weeks as we have found another property and he said we have to give him one months formal notice.

My reply was that we are already on notice and we technically don’t have to give him any notice but were doing so out of courtesy.

Can anyone please confirm what the situation is?

Many thanks

davo10

Paddy1234 wrote: »

Hi there

Does anyone know how much notice you have to give to depart when your landlord has given you a notice to terminate the tenancy? We are currently in the middle of the notice period the landlord has given us.

I rang the landlord to tell him we would be moving out in a few weeks as we have found another property and he said we have to give him one months formal notice.

My reply was that we are already on notice and we technically don’t have to give him any notice but were doing so out of courtesy.

Can anyone please confirm what the situation is?

Many thanks

Why don't you technically have to give him any notice?

By your rationale, if you gave him notice that you are leaving, he could ask you to leave straight away as he was already "on notice". That doesn't work either way.

TheChizler

What was the reason for the landlord giving you notice? How long were you there before notice was served?

_brendand_

The landlord has triggered the notice period. You have to move out by the end of it and pay rent until the end of the notice period - end of story. If you want to move out before that, you're free to do so, but you still need to pay rent until the end of the period. Basically there's no point in you giving notice so why did you even mention it to him?

Paddy1234

TheChizler wrote: »

What was the reason for the landlord giving you notice? How long were you there before notice was served?

The notice was served on the basis of his children wanting to use the property. We got 224 days notice as there over 8 years. We can’t leave on the day our notice ends as that’s not practical to find a place to move out the same day.

I probably didn’t make myself clear but I was wondering what timeframe do we have to give to move out given that he has already served us notice?

_brendand_

Do check that the notice the landlord has given you is valid and properly served. If you're unsure then just answer the questions - how long have you been renting the property, what is the reason the landlord gave to take control of the property again and how was the notice delivered to you (it had better be in writing, either in person or by registered post)?

Brian201888

In this situation I'd 100% be telling him that you have a place to move into on the day you are suggesting, I'd also tell him that if you turn this down because of him not being accommodating regarding the date theres a strong possibility that you won't have somewhere for the day your termination is active from in which case you'll have no choice but to stay on until you do.

It isn't technically the right response but you don't owe him much at this stage.

_brendand_

Paddy1234 wrote: »

The notice was served on the basis of his children wanting to use the property. We got 224 days notice as there over 8 years. We can’t leave on the day our notice ends as that’s not practical to find a place to move out the same day.

I probably didn’t make myself clear but I was wondering what timeframe do we have to give to move out given that he has already served us notice?

You have to give him 112 days notice. So if there are already fewer days than that left before the tenancy is up then there's not much point. You *may* be able to assign your tenancy to someone else and the landlord can't refuse without giving you the right to terminate the tenancy immediately. This might not be allowable if notice has been given already, I'm not sure. Either way you'd need to find someone yourself who would wish to take on a tenancy for less than 2-3 months (hey, we're in a short term let at the moment so such people do exist)

Paddy1234

_brendand_ wrote: »

You have to give him 112 days notice. So if there are already fewer days than that left before the tenancy is up then there's not much point. You *may* be able to assign your tenancy to someone else and the landlord can't refuse without giving you the right to terminate the tenancy immediately. This might not be allowable if notice has been given already, I'm not sure. Either way you'd need to find someone yourself who would wish to take on a tenancy for less than 2-3 months (hey, we're in a short term let at the moment so such people do exist)

Really? We have to provide 112 days notice even though we have been given notice to terminate our tenancy? That doesn’t seem fair - surely when you have found a place to live you should be entitled to move out when you find it.

Gumbo

Paddy1234 wrote: »

Really? We have to provide 112 days notice even though we have been given notice to terminate our tenancy? That doesn’t seem fair - surely when you have found a place to live you should be entitled to move out when you find it.

You can. But you legally owe rent until the end of the notice period.

Catlady76

Paddy1234 wrote: »

Really? We have to provide 112 days notice even though we have been given notice to terminate our tenancy? That doesn’t seem fair - surely when you have found a place to live you should be entitled to move out when you find it.

I suggest you call the RTB on this and get correct information, the LL could be agreeable to you moving out before the end of the notice period they gave you as it will benefit them to have you gone. I just left a rental property LL said she was selling I have my doubts on that she told us to be out by 30.06.18 even though we were legally allowed to be there till 24.07.18 as we were there 6 years so she didnt give us the correct notice which I pointed out to her. I paid my rent always in advance so she got her last months rent for May already and I checked out everything I am entitled to my deposit back. Its not always cut and dry on notice periods so speak to the LL and see if they are agreeable to you leaving early. I know when I rented my own apt before it was sold I gave tenant notice and she was to leave by the end of Sept she contacted me and said I will be gone by end of Aug I was happy with that as it was being sold.

dudara

The landlord has told you that he will accept one month’s notice (even though he’s entitled to 112 days, or the end of tenancy, whichever is first). You want move in “a few weeks”. Doesn’t sound like there’s much in it, so why not just accept it?