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Notice period - Advice

Question

I am in the eight year of a 9 year lease expiring end of 2016. The owner has indicated that she would like to sell the apartment. In principle I am aware that the new owner if he wants to live in the property himself must give me six months notice to vacate the property once the transfer of ownership is made. However, I would like to know, if I give my existing landlord three months notice as from now, am I obliged to leave after the three months or can I still stay in the apartment till end of the lease contract. My idea is to give the notice as from now, so that even if I do not actually leave the apartment after the three months, if I find a new apartment I like, I would be able to leave immediately, having given the three months notice already some time before. Would this be legal

becasse

You can give your landlord 3 clear calendar months notice to determine the lease without penalty - i.e. if were to get the notice into the acknowledged hands of your landlord by the end of this Tuesday your lease would end at the end of September.

Except in extreme circumstances (which don't include the sale of the property) your landlord can only determine the lease by giving you three clear calendar months notice in advance of the expiry of the lease at the end of 2016. (If neither party gives the necessary notice then the lease will continue for another 9 years or until you, but not the landlord, give appropriate notice of determination.)

If and when the property is sold, the new landlord can give you six months notice but only in certain circumstances, most commonly because the buyer or a close relative of the buyer wish to live there themselves or because the buyer wishes to redevelop the property. In practice many buyers will be buying as an investment and will be only too happy to acquire a settled long term tenant.

If you give your landlord notice now you can leave early but will remain liable for the rent (and common charges) until the notice expires. If you give notice but subsequently wish to remain, the situation is open to negotiation but the landlord could require you to leave or to sign a new lease at a higher rent (and with the penalties inherent in a new lease).

Note that it is possible but unlikely that your lease specifies a shorter notice period than three clear calendar months.

Jun 28, 2015 20:40
anon

"if I give my existing landlord three months notice as from now, am I obliged to leave after the three months"

Well yes. You've given three months notice, so you have to leave.

Clearly, the landlord may be open to negotiation, but legally, you leave the day your notice ends.

Jun 29, 2015 05:34
kasseistamper

You have a contract with the landlady. If either party wishes to change the terms and the other party agrees, that is perfectly legal but, if you come to an agreement, make sure that it is in writing.

"The owner has indicated that she would like to sell the apartment."
This does not mean that she will find a buyer any time soon; it could be many months - even as long as a year - before a sale is completed. She will have to tell any potential buyers that there is a sitting tenant and you cannot anticipate how a new owner will feel.

Jun 29, 2015 08:54
CC_R

Hi Chetchma I guess it's a question if your apartment is in a good area, good building well maintained etc. if so it's likely it may sell. Do other places nearby sell fast? We had a similar situation with a very nasty land lady gave us notice she wanted us out and was selling when our three year lease ran out, our fault for asking her to maintain the house I burped and with holding her rent to force her to do stuff she had agreed in writing she would do proportion to us signing the lease.
. We found a new place much better within the three months and moved in there a few weeks prior to quitting the old place double rent but move was much smoother. We did it ourselves pretty much moved as and when we could. You could try sitting it out if you like your place, but utilsmetly you have no idea what the new landlord would be like if I were you I'd look around to see what else is on offer. If you do give notice and find nothing then what will you do? The landlord might well put it on the market as soon as you give notice.

Jul 1, 2015 01:11
CC_R

Blooming auto correct how did suspect become burped?

Jul 1, 2015 01:12