The End of the Tenancy - giving notice

surfbum

I've just come to the end of a 6 month rental of a flat. I badly got it wrong in terms of not knowing that you have to give 30 days notice before the expiry date of the minimum fixed term or it automatically carries on to a periodic month by month rolling rental.

The Shorthold contract was poorly worded as I've compared to different agency contracts and never stated this clearly.

It is the assumation of the agency that you will carry on. They never got in contact with me to ask me if I wanted to stay longer when I didn't. You can't assume just being its for 6 months that the agency and the landlord who both know the expiry date will get a new tennant as they don't.

So I've lost another months rental due to this as I could only give 5 days notice and not 30.

Their agreement was very badly worded saying "End of Tennacy" etc giving the impression after six months it is the end.

Could I get my additional rental back on the grounds that the agreement was very badly worded and At least two months prior to the end of the tenancy term, a landlord must assess what they and their tenant want to happen at expiry. We were never contacted.

Annisele

If you're in England, then you can leave on the last day of the fixed term - but if you stay even one day over, the tenancy automatically becomes a periodic one. See Shelter's website. It does say that it's not usually advisable to leave on the last day without giving notice - because it's rude! - but it can be done.

Did you stay beyond the original fixed term (even by one day)? When did you actually move out? Who told you that you had to give a whole month's notice? Have you paid the 'extra' month's rent yet? Was there a deposit, and was it protected?

I suspect that there's nothing wrong with the agreement itself, but depending on the answers to the above questions you might be able to recover the 'extra' rent from your LL or his agents.

If you're not in England, then tell us where you are and peeps will be able to help you.

sequence

You can leave at the end of the fixed term regardless of what the contract says. Sounds like agent BS to me!

G_M

Whatever the contract says, you do NOT need to give notice. You can just move out when the fixed term is up (though it is polite/considerate to tell the LL your intentions).

However, if you do NOT move out and stay till the day after your fixed term is up then you automatically create a periodic tenancy and then need to give a months notice ending on a rent day - effectively just short of 2 months!

Has the fixed term actually expired?
Are you still in occupancy?
Have you paid rent for the 7th month?

tbs624

surfbum wrote: »

I've just come to the end of a 6 month rental of a flat. I badly got it wrong in terms of not knowing that you have to give 30 days notice before the expiry date of the minimum fixed term or it automatically carries on to a periodic month by month rolling rental.

You've still got it wrong The tenancy continues as a Statutory Periodic Tenancy after the original Fixed Term expiry if the T remains in occupancy and the LL has not obtained a Court Order. As others have said, if this property is in Eng/Wales, you don't need to give any notice to leave - you simply move out on the precise date of expiry although most Ts do let the LL know as a matter of courtesy. Under a Stat Periodic all th eoriginal contract terms remain in force save for "determination", ie when the tenancy will end. One month's notice is required from the T, two from the LL to tie in with the "rental period"

surfbum wrote: »

It is the assumation of the agency that you will carry on. They never got in contact with me to ask me if I wanted to stay longer when I didn't.

*You* could have got in touch with them to state your own intention, if their lack of clarity bothered you.

surfbum wrote: »

Could I get my additional rental back on the grounds that the agreement was very badly worded and At least two months prior to the end of the tenancy term, a landlord must assess what they and their tenant want to happen at expiry. We were never contacted.

No to getting your rent back if you stayed at th eproperty after the FT had expired. There is no legal requirement for the LL to "assess" as you describe, precisely because the Housing Act 1988 allows for a Stat Periodic Tenancy to arise after the FT expiry.