End of rental term - notice question

rsykes2000

Sorry if this is a bit of a rambling read
My fiancee and I are buying a house and we will have completion next Weds (23rd) We currently rent and the 12-month rental period we signed up for ends on 24th January. In the AST contract it requires us to give 2 months notice which would obviously mean paying for 2 places simultaneously for 2 months. We have factored the cost of this into the house purchase and so can do it but would prefer not to if at all possible.
My question is, is this notice period legally binding as we are coming to the end of the AST ? ie can I just give a months notice as that will take me to the end of the contracted period ?
Also, as I moved in before the deposit protection scheme came into being (will have been there 3 years in Jan), but signed renewals of tenancy over that period, is there any liability on them to secure my deposit in case of dispute at the checkout / handing over keys stage about any damage (shouldn't be any damage, but you never know...).
Cheers for reading.

clutton_2

if you move out on the 24th January you need give no notice whatsoever as that is the end of the Fixed Term. However, it would be polite to write to the agency/landlord saying that you are leaving and asking for a checkout/leaving inventory visit on 24th at.... 4.30pm

if you move out before 24th January you are still obligated to pay the rent until that time.

Talk to your letting agent/LL now and see if you can negotiate an early release... they dont have to agree... so being cooperative in terms of allowing their prospective tenants to look round will be a "bonus" in their view.

adg1

You can move out at the end of your fixed term contract - the 24th January without giving any notice to either the LA or the LL. However, it is polite to do so.

Gorgeous_George

By keeping your LL/LA informed of your plans, you will help to keep their costs down. This, in turn, will benefit future tenants. A well-organised LL/LA would have been in touch to ask what your plans are by now (or very soon).

Also, by booking your checkout in advance there is no excuse for there being a delay in returning your deposit. If you were the LL, what would you like your tenant to do? Do that.

GG

theartfullodger

In the AST contract it requires us to give 2 months notice

- But, once the tenancy fixed-term ends 24th Jan the law allows you to give just 1 month's notice, expiring on a rent-day .. so that tells you the Landlord/agent tried to get you to agree to an unlawful/unenforceable clause...

Wonder what else they tried on??

Cheers!

Lodger

rsykes2000

Thanks for all the answers given. I don't intend to move out or surrender the keys before the end of the fixed term, the month's notice I will give next week will let us move gradually and clean / tidy / decorate both places in a more relaxed timescale than usual.
All the best to you all.

prudryden

A required two month notice is generally only valid if you are using a break clause in the contract to vacate before the end of the fixed term. E.Q. There is a 6 mo break clause within a 12 mo AST and you want to leave in the 6,7,8 etc month. Then the two month notice is legal, binding and enforceable until such time as a court or parliamentary statute deletes it.

Gorgeous_George

prudryden wrote: »

A required two month notice is generally only valid if you are using a break clause in the contract to vacate before the end of the fixed term. E.Q. There is a 6 mo break clause within a 12 mo AST and you want to leave in the 6,7,8 etc month. Then the two month notice is legal, binding and enforceable until such time as a court or parliamentary statute deletes it.

Indeed. On a 12 month contract, your LL is being generous if he allows you to leave early with just two months notice.

A 12 months contract is a contract for 12months. It lasts 12 months (the clue is in the name).

GG

rsykes2000

Gorgeous_George wrote: »

Indeed. On a 12 month contract, your LL is being generous if he allows you to leave early with just two months notice.

A 12 months contract is a contract for 12months. It lasts 12 months (the clue is in the name).

GG

Cheers GG. I might not have made myself entirely clear, I wasn't trying to leave before the end of the 12 month period, just to find out if we had in effect to stay here for 13 months if I was to give notice on month 11 or if we could just give a single month and leave at the expiry of the fixed period

BitterAndTwisted

As has previously been advised, you don't have to give any notice at all if you won't be staying past the end of the current contract's term but it is polite to let them know.

Please read the inventory and put in place now a comprehensive cleaning-schedule to put the property back in the condition that you found it in to ensure your full deposit is returned.

rsykes2000

Cheers. Having a month to do both properties is nice and means we can have them both clean, decorated etc before we move in / out.