Leaving at end of Fixed Term (AST)

Lamplighter

Hi

I'd appreciate some advice, please!

I have taken a new job and need to move a.s.a.p. I am currently a tenant in a property governed under a Assured Shorthold Tenancy agreement, which came into force on 29 November 2008 for a term of 6 months (therefore expiry 28 May 2009).

The AST includes the following relating to termination of the tenancy:
"1) If the tenant does not wish to remain in the property after the end of the fixed term then two months prior notice to quite should be given in writing to the landlord or the landlords agent.
2) Upon the expiration of the initial fixed term of this tenancy agreement, it is agreed that the tenancy shall continue as a monthly statutory periodic tenancy and the same terms and conditions of this agreement will apply."

I have hitherto not given any notice to the LL or LA about my intention to quit.

Questions:
- Can I simply vacate the premises before the end of the fixed term (28 May) without giving formal notice? (I would, of course, informally advise the LL of my intentions right away). I've been advised that a statutory periodic tenancy fails to materialise in this case.
- Can the LA correctly say that by signing the AST agreement, I undertook to give two months' notice, therefore I am legally obliged to pay until two months after giving formal notice (which would be 30 June if notice given today)?

I'd appreciate an urgent response, especially if it requires that I do something today, this being the last day of April.

Many thanks
Lamplighter

laffer

My understanding is that you are under no obligation to give notice if you intend to leave on the date of the end of the fixed term. You can tell the landlord now as a matter of courtesy that you will be leaving on the date the AST ends. That is enough.

You cannot just hand over the keys and stop paying rent before the end of the fixed term. You will remain liable for all liabilities etc under the expiry of the fixed term.

clutton_2

you will need to arrange for a leaving inventory checkout so that you and/or your landlord can reclaim the deposit

it is only courteous to tell your landlord that you are leaving

tbs624

See this from the Lacors Landlord Development Manual:

There is no statutory requirement for a tenant to serve notice to end a fixed term tenancy, and the tenant is perfectly entitled to leave without giving you any notice. Any clause in the tenancy agreement requiring the tenant to give formal notice to leave at the end of the fixed term (and making the tenant liable for rent in lieu of notice if they fail to do this) will be void.

However, a clause asking the tenant to let you know whether or not they will be leaving so you can make arrangements for the property to be checked and the damage deposit returned to them should be valid.

If your LL also served you with a S21 notice shortly after you signed up to the tenancy agreement they have after all asked you to give up possession at expiry

I agree with Clutton that it is courteous to give your LL *some* notice and it does tend to speed up the deposit recovery process.

Further clarification on notice periods can be provided by Shelter

Edit: for those who are tenants in Scotland they would need to check whether the doctrine of tacit relocation applies - failure to give notice in these circumstances can lead to a repeat Fixed Term tenancy come into force.