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    • TalTal
    • By TalTal 30th Nov 17, 11:21 AM
    • 5Posts
    • 2Thanks
    TalTal
    Tenancy renewal
    • #1
    • 30th Nov 17, 11:21 AM
    Tenancy renewal 30th Nov 17 at 11:21 AM
    Hi,

    some advice needed regarding assured shorthold tenancy agreement. We have been in the property for a few years now and renew every year in December. We now advised the agents that we are not planning to renew the contract next month. In return they said there is a 2 month notice period that will take us all the way till the end of January. I assume the plan is to charge us full rent for that time.

    We are planning to move out at the end of the contract date. Can they enforce that much notice on us even though the contract was always expected to finish next month?

    Thanks in advance, it would be good to get some advice before I go back complaining to them
Page 1
    • Slithery
    • By Slithery 30th Nov 17, 11:25 AM
    • 365 Posts
    • 530 Thanks
    Slithery
    • #2
    • 30th Nov 17, 11:25 AM
    • #2
    • 30th Nov 17, 11:25 AM
    No notice is required if you're leaving at the end of the fixed term.

    * Ending/renewing an AST: what happens when a fixed term ends? How can a LL or tenant end a tenancy? What is a periodic tenancy?
    • G_M
    • By G_M 30th Nov 17, 11:33 AM
    • 42,318 Posts
    • 49,159 Thanks
    G_M
    • #3
    • 30th Nov 17, 11:33 AM
    • #3
    • 30th Nov 17, 11:33 AM
    Hi,

    ...... We have been in the property for a few years now and renew every year in December.
    Originally posted by TalTal
    So on a specified date in Dec 2016 ( eg 15/12/16) you signed a 12 month fixed term yes?

    Then 12 months later (on 14/12/17 in my example) the tenancy will end and you can leave. That is the meaning of a fixed term tenancy.

    No notice required. It is, of course polite and helpful to give notice, to arrange check-out, handing back keys etc, but not a legal requirement.

    No need to enter a debate with the LL/agent. It sounds like if you go back to them they will continue to argue.

    You have politely informed them of your intention so no further discussion needed till you move out.

    At tat point, you write, requesting your deposit. You may then find they try to retain it, or some of it, claiming you did not serve notice properly. You will then raise a dispute with the deposit scheme (is the deposit registered?), and win.

    See also

    * Deposits: payment, protection and return

    * Ending/renewing an AST: what happens when a fixed term ends? How can a LL or tenant end a tenancy? What is a periodic tenancy?
    Last edited by G_M; 30-11-2017 at 11:37 AM.
    • TalTal
    • By TalTal 30th Nov 17, 11:41 AM
    • 5 Posts
    • 2 Thanks
    TalTal
    • #4
    • 30th Nov 17, 11:41 AM
    Thanks for the quick replies
    • #4
    • 30th Nov 17, 11:41 AM
    I did suspect, it is not something they can enforce, but need to make sure. They knew the contract was ending in December and we are not cutting it short

    Thank you for confirming this
    • TalTal
    • By TalTal 30th Nov 17, 11:44 AM
    • 5 Posts
    • 2 Thanks
    TalTal
    • #5
    • 30th Nov 17, 11:44 AM
    Thanks G_M
    • #5
    • 30th Nov 17, 11:44 AM
    Oh I didn't even dream of getting the deposit back, but will definitely save your advice as I expect them to use the notice period to get out of returning the deposit. So that even sounds better than I expected.
    • Comms69
    • By Comms69 30th Nov 17, 11:51 AM
    • 1,315 Posts
    • 1,066 Thanks
    Comms69
    • #6
    • 30th Nov 17, 11:51 AM
    • #6
    • 30th Nov 17, 11:51 AM
    Oh I didn't even dream of getting the deposit back, but will definitely save your advice as I expect them to use the notice period to get out of returning the deposit. So that even sounds better than I expected.
    Originally posted by TalTal
    Is it protected?
    • TalTal
    • By TalTal 30th Nov 17, 11:57 AM
    • 5 Posts
    • 2 Thanks
    TalTal
    • #7
    • 30th Nov 17, 11:57 AM
    • #7
    • 30th Nov 17, 11:57 AM
    If I recall the contract correctly it is protected. Will check the small print later. If not we lose the deposit, which always seems to be a hard thing to get back
    • Comms69
    • By Comms69 30th Nov 17, 12:02 PM
    • 1,315 Posts
    • 1,066 Thanks
    Comms69
    • #8
    • 30th Nov 17, 12:02 PM
    • #8
    • 30th Nov 17, 12:02 PM
    If I recall the contract correctly it is protected. Will check the small print later. If not we lose the deposit, which always seems to be a hard thing to get back
    Originally posted by TalTal


    No, if it's not protected you can sue for upto 3x the value....


    Don't check the contract, check the 3 schemes which are available. It takes around 10 minutes. You'll know for sure then
    • LandyAndy
    • By LandyAndy 30th Nov 17, 12:03 PM
    • 23,997 Posts
    • 50,758 Thanks
    LandyAndy
    • #9
    • 30th Nov 17, 12:03 PM
    • #9
    • 30th Nov 17, 12:03 PM
    If I recall the contract correctly it is protected. Will check the small print later. If not we lose the deposit, which always seems to be a hard thing to get back
    Originally posted by TalTal

    On the contrary. If it is not protected they are potentially in deep doo-doo.
    • TalTal
    • By TalTal 30th Nov 17, 12:09 PM
    • 5 Posts
    • 2 Thanks
    TalTal
    Did a quick check and it is protected.
    • aneary
    • By aneary 30th Nov 17, 12:20 PM
    • 817 Posts
    • 704 Thanks
    aneary
    Did a quick check and it is protected.
    Originally posted by TalTal
    Which means it'll be easier for you to get back the deposit when they try and deduct it the 'rent' from it.
    • 00ec25
    • By 00ec25 30th Nov 17, 12:24 PM
    • 5,572 Posts
    • 4,973 Thanks
    00ec25
    Hi,

    some advice needed regarding assured shorthold tenancy agreement. We have been in the property for a few years now and renew every year in December. We now advised the agents that we are not planning to renew the contract next month. In return they said there is a 2 month notice period that will take us all the way till the end of January. I assume the plan is to charge us full rent for that time.

    We are planning to move out at the end of the contract date. Can they enforce that much notice on us even though the contract was always expected to finish next month?

    Thanks in advance, it would be good to get some advice before I go back complaining to them
    Originally posted by TalTal
    sounds like you message to the agent has not been understood.

    legally, if the contract reaches its end date and you move out then the contract has .... ended

    it is not required ("impossible") to give notice to say that a contract with a clearly stated end date is going to be ended by you. That is patently obvious if you neither renew it nor remain in occupation under a periodic tenancy

    either your message to the agent has not been understood or (much more likely) the agent is once more showing the ignorance displayed by most of them when it comes to tenancy law

    that said it is only polite to make sure your intentions are understood, so write to the LL, copied to the agent, stating you will move out by the end date of the contract and they therefore need to make arrangements for check out etc so the deposit can be returned.

    If the agent persists in saying you need to give "2 months" notice politely invite them to quote the relevant contract and tenancy law which supports their fiction so you can frame it in an art gallery as a masterpiece of abstract nonsense
    Last edited by 00ec25; 30-11-2017 at 12:27 PM.
    • Fish&Chips
    • By Fish&Chips 30th Nov 17, 1:38 PM
    • 21 Posts
    • 8 Thanks
    Fish&Chips
    Just be very careful to hand in the keys to the agency before or on the very last day of the tenancy; don’t go one day over! This signals that you are no longer in possession of the property. Try to arrange a check-out inventory before you do so.

    Bearing in mind this is due sometime in December, double check with them their closing dates or early closing around the festive period....you don’t want to turn up to hand the keys in and they are closed for an office party or for the holidays....!
    • G_M
    • By G_M 30th Nov 17, 1:42 PM
    • 42,318 Posts
    • 49,159 Thanks
    G_M
    If I recall the contract correctly it is protected.
    Did a quick check and it is protected.
    Originally posted by TalTal
    Just to be clear: did you check the contract (pointless), or have you checked direct with the deposit scheme(s)?

    The details are in the link I gave you.
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