Ending Fixed Term Tenancy

Kirstie1985

We are coming to the end of a 12 month fixed term tenancy on our flat and would like to leave on 10th August when it expires.

Our tenancy agreement says we must give 1 months notice if we wish to leave at the end of the fixed term but I think I'm right in thinking that we don't need to do this?

Is there a part of the housing act or similar I can quote to help with this in case they come back saying we need to give notice?

Thanks

Jowo_2

Can't point you to the specific housing law but the Shelter website confirm a tenant can leave at the end of the fixed term without giving notice. Perhaps they can clarify which specific legislation they derive this from?

Planner

Housing Act 1988, section 5, paragraph 2;

If an assured tenancy which is a fixed term tenancy comes to an end otherwise than by virtue of—

(a ) an order of the court, or

(b ) a surrender or other action on the part of the tenant,

then, subject to section 7 and Chapter II below, the tenant shall be entitled to remain in possession of the dwelling-house let under that tenancy and, subject to subsection (4) below, his right to possession shall depend upon a periodic tenancy arising by virtue of this section.

Leaving at the end of the fixed term would be an action under (b ) above, would end the tenancy and stop a further periodic tenancy arising.

chucknorris

Are you just going to suprise your landlord? We usually allow tenants to move onto a periodical, but I am always wary around that time that they could if they wanted to suddenly move out, and leave us with a void before finding new tenants. So far we have done nothing but over a number of properties it's probably just a matter of time before this actually happens. We could issue a new contract about 6 weeks beforehand and if they don't sign it start marketing the property, but we like to give our tenants the flexibility of a periodical contract. Most of our tenants have been with us for more than 3 years and are on periodicals, but it is a risk that they move out on the last day of the fixed term.

tbs624

chucknorris wrote: »

Are you just going to suprise your landlord? We usually allow tenants to move onto a periodical, but I am always wary around that time that they could if they wanted to suddenly move out, and leave us with a void before finding new tenants. So far we have done nothing but over a number of properties it's probably just a matter of time before this actually happens. We could issue a new contract about 6 weeks beforehand and if they don't sign it start marketing the property, but we like to give our tenants the flexibility of a periodical contract. Most of our tenants have been with us for more than 3 years and are on periodicals, but it is a risk that they move out on the last day of the fixed term.

Many Ts appreciate a LL writing to them saying that they would be happy for the tenancy to continue either as a SPA or under a new fixed term, and asking the T to confirm which course they would prefer.

Both LLs and Ts seem to tiptoe around one another as FT expiry approaches, and yet it' s basically a question of good communication and mutual respect. Yes, there will be a minority of both Lls and Ts who fail to act with courtesy but for the majority it shouldn't be too difficult to arrive at a mutually satisfactory agreement.