Notice to quit an the end of fixed term ast

stubazz

hi i sent off the letter G_M suggested and this was the reply

Dear xxxxxxx

Unfortunately as per your tenancy agreement you are required to give one full months notice.

20 Vacation of Property/Tenants Notice

20.1 Give at least one months notice in writing of his intention to vacate at the end of the fixed term, such notice to be given prior the rent due date. It is accepted that nothing in this agreement shall give the Tenant any right to continue this tenancy after the expiry of this Agreement, however, where the tenancy is a continuation or a statutory periodic tenancy the Tenant will be required to give one full months notice of his intention to vacate. Such notice to expire at the end of a rent period. Failure to provide such notice will leave the Tenant liable for rent and other outgoings up to the end of the following rent period.

I don't personally do the Final Inspections, it will be a Mr xxxxxx. I have forwarded a copy of your email to him.

Regards


where do i go from here anyone help

thanks

gauly

Don't pay the rent since it clearly isn't due.

Use the deposit scheme to get your deposit back (they will know the law even if your landlord doesn't). Or is the deposit not in a scheme?

tbs624

Here's what Shelter say on their website:

What happens when my agreement runs out?

If your agreement is for a fixed-term (eg six months), you can leave on the last day of the fixed-term without giving notice. But you must ensure that you do not stay even one day over, or you will automatically become a periodic tenant and will have to give proper notice or come to an agreement with your landlord.
If you intend to leave on the last day you are not legally required to give the landlord any notice, but it's usually a good idea to do so, to avoid any dispute about when you actually left. Good communication helps things to go smoothly. Remember that you may need a reference to get a new home and, if you've paid a deposit, you're more likely to get it back if you keep the landlord informed.

The OFT seem to view it similarly under their guidelines on unfair contract terms . You could seek advice from Trading Standards and/or the private sector tenancy relations officer at the local Council.

Only the courts can finally decide on these issues however.

One other thought -has the LA/LL ever served you with a s21 Notice of Intent to Repossess? ( Often done routinely at the start of a tenancy & has to be after deposit reg & signing of tenancy agreement)

If they have , then send a copy back to them and tell them that by moving out at expiry you are simply complying with their notification that they'd like to repossess the property after the FT ends, so saving them the hassle of going to court.

GillsMan7

You could just ignore it and move out on the final day, but I don't think that would be the acceptable thing to do on this occasion.

I would write something along the lines of:

Dear XXX

Thank you for your letter/email of [DATE]. Legally, I am entitled to leave on the last day of my assured tenancy agreement without having to provide notice. I have provided you with a month's notice as a gesture of goodwill. I look forward to hearing from you regarding the check-out.

Kind regards,

XXXX

BornAtTheRightTime

Looks like the LA included an unenforceable clause in the agreement. Stubazz, don't worry about it. Your statutory rights override any daft clauses a LA may choose to include.