We have a blog clinic question from John (not his real name)
I hope you can help, I have an issue with my current tenancy which it would be good to get some informal advice on. I’m coming to the end of my current agreement, and have already signed a new contract, beginning on the 5th August 2011. However I have found a perfect new flat, and want to move in at the end of August.
- At the moment I have a two-month notice period under my current contract, due to expire on the 4th August – meaning I could hand in notice now and have a leave date at the end of September
- The new contract has a 3 month “break clause” from 5th August 2011, meaning I won’t be able to leave until the end of October
Can I submit notice before the 5th August under the terms of the old contract – as it would still be “current”, even though I have signed the new one?
My view is that you can’t.
Although you are currently occupying the property under the terms of your old tenancy, any rights you may have to end that original tenancy will not affect the new one coming into force on 5 August.
Unless you are able to reach some agreement with your landlord. My advice is to try to find someone to take your place.
What does anyone else think?
You can’t give notice that extends beyond the fixed term of you original agreement. The agreement either ends at the end of the fixed term, evolves into a statutory periodic agreement, or you sign a new agreement/renewal. Your new contract is legally binding and you will have to give notice under the terms of that agreement.
It’s always worth approaching the landlord though to see if they are prepared to release you early. Most will agree if they can re-let the property although you may have to pay pro-rata towards the cost of re-letting (see your current agreement).