Giving notice to landlord advice please

Wee_Willy_Harris

There seems to be an argument that you can leave at the end of the fixed term of an AST without notice. However, I am yet to see any compelling evidence that this is the case. I'm sure a more learned poster will correct this in due course. My understanding of the 4 week notice period requirement comes from S5 of the 1977 Protection from Eviction Act......

5 Validity of notices to quit
(1)[Subject to subsection (1B) below] no notice by a landlord or a tenant to quit any premises let (whether before or after the commencement of this Act) as a dwelling shall be valid unless—
(a)it is in writing and contains such information as may be prescribed, and
(b)it is given not less than 4 weeks before the date on which it is to take effect.

I'm sure there is also a contractual term within the tenancy agreement to highlight this requirement.

F&L

http://www.landlordzone.co.uk/forums/showthread.php?t=17204

This is a case I remember reading about which made me think a tenant can leave at the end of a fixed term without giving notice.

DVardysShadow

Wee_Willy_Harris wrote: »

There seems to be an argument that you can leave at the end of the fixed term of an AST without notice. However, I am yet to see any compelling evidence that this is the case. I'm sure a more learned poster will correct this in due course.

I'm not claiming to be learned on this, but I think the argument would run something like this:

• The tenancy is defined by the AST agreement and runs out at 6 months normally
• As defined by contract law, in the absence of any agreement to extend, the tenant can vacate at the end of the AST, because the AST is a fixed term agreement with no provision to continue, so no requirement to give notice that he will end the tenancy in accordance with the AST
• As defined by statute law, if the tenant stays beyond the end of the AST, the tenancy becomes statutory periodic and the terms of the ongoing tenancy are defined by statute with reference to the prior AST.
• There is no obligation on the tenant to remain and let the tenancy go statutory periodic, so no requirement to give notice that he will not enter into a statutory periodic tenancy.

There is an interesting consequence of this argument for Landlords who always insist on a current AST being in place, on the basis that they have more security of rent coming in. It actually means that every time the AST expires, they are vulnerable to the tenant quitting without notice.

Wee_Willy_Harris

DVardysShadow wrote: »

I'm not claiming to be learned on this, but I think the argument would run something like this:

• The tenancy is defined by the AST agreement and runs out at 6 months normally
• As defined by contract law, in the absence of any agreement to extend, the tenant can vacate at the end of the AST, because the AST is a fixed term agreement with no provision to continue, so no requirement to give notice that he will end the tenancy in accordance with the AST
• As defined by statute law, if the tenant stays beyond the end of the AST, the tenancy becomes statutory periodic and the terms of the ongoing tenancy are defined by statute with reference to the prior AST.
• There is no obligation on the tenant to remain and let the tenancy go statutory periodic, so no requirement to give notice that he will not enter into a statutory periodic tenancy.

There is an interesting consequence of this argument for Landlords who always insist on a current AST being in place, on the basis that they have more security of rent coming in. It actually means that every time the AST expires, they are vulnerable to the tenant quitting without notice.

Yes, I can follow that and am happy to stand corrected. So, if I understand this correctly, the tenant CAN (but doesn't need to) give ANY notice period, including none at all, as long as they vacate/surrender on the last day of a fixed term?

Thanks for the article as well F+L

clutton_2

As a long term landlord ......

""My tenancy is 6 months, which is due to end on the 14th June""

this means you can leave on 14th of June without giving any notice.. although clearly it is polite to do so.. and you have now given them 24 days notice today.....

a Fixed term.. is a fixed term.... end of... no notice is required... but if you stay one day longer you become liable for another months rent...

Wee_Willy_Harris

Thanks Clutton. Every day is an education.