The End of a tenacy

carlita

My friend moved into a rented property on August 13th 2008

it was a 6 months short assured tenacy ~ she is planning on moving out at the end of the 6 months am I right in thinking if she moves out on or before 12th of feb she doesn't need to give notice?

thanks in advance

Planner

carlita wrote: »

My friend moved into a rented property on August 13th 2008

it was a 6 months short assured tenacy ~ she is planning on moving out at the end of the 6 months am I right in thinking if she moves out on or before 12th of feb she doesn't need to give notice?

thanks in advance

Thats correct. However if she knows in advance she is moving out then she should give some notice to be polite.

paintpot

Planner wrote: »

Thats correct. However if she knows in advance she is moving out then she should give some notice to be polite.

Totally agree. Your friend should consider whether she might need now or in the future a reference from their current landlord which may not be forthcoming if they just upsticks and leave on the last of the fixed term.

carlita

oh yes she is going to make the letting agent aware this week ~ I was just checking as she might be a few days under the month by the time she has her new place confirmed. So we thought if she couldn't give a months notice she would have to pay an extra month.

real1314

This is an oft quoted issue - that you don't have to give notice - but it's simply not true. It depends on what the agreement says.
And, what's more, there have been tenancy deposit cases that have gone in LLs favour on this issue, with deposits being awarded to LLs for failure to give notice to leave at the end of the AST.

I would advise that unless the AST actually states that you do not have to give notice to leave right at the end, then the best policy is always to give the required notice.

HH62

real1314 wrote: »

This is an oft quoted issue - that you don't have to give notice - but it's simply not true. It depends on what the agreement says.
And, what's more, there have been tenancy deposit cases that have gone in LLs favour on this issue, with deposits being awarded to LLs for failure to give notice to leave at the end of the AST.

I would advise that unless the AST actually states that you do not have to give notice to leave right at the end, then the best policy is always to give the required notice.

Totally agree. When I was renting I still had to give 1 month notice, even on a 6 month AST. If you don't give notice the LL may well assume you're going to continue with the tenancy agreement. Giving notice enables the LL to find another tenant (which may be crucial to the LL in the current climate) and keeps things amicable between you.

Planner

It is an often quoted issue - that you don't have to give notice - because IT IS TRUE!

There is no requirement to give notice at the end of the fixed term, regardless of what is written in the contract. No periodic tenancy will arise if the tenant leaves on the last day of the fixed term and makes the landlord aware of this. This fact is enshirined in the Housing Act 1988 and there are also a couple of links here for the unbelievers;

http://england.shelter.org.uk/get_advice/advice_topics/renting_and_leasehold/ending_a_tenancy_or_licence/ending_a_fixed_term_agreement

http://www.tenancyagreementservice.co.uk/ending-a-tenancy-agreement.htm

That said it is polite to give notice to you landlord, but not a requirement at the end of the fixed term.

real1314

Case study No.6 here:

http://www.idrs.ltd.uk/Exit/documents/TDSCaseStudyBulletin86May08.pdf

I think you'll find that it's oft quoted because people think it's true, but the case here suggests it's not.
If a AST includes the right clauses, notice must be given. If it was the other way around - i.e that a tenant had to give notice to the LL to stay and on failing to do so the LL turned up on the last day to chuck 'em out, it would be unfair, so on a quid-pro-quo basis, it seems to be required.