fixed term tenancy coming to an end

Milka

Hello,

I have been browsing the forum to find an answer, but every situation is slightly different to mine, hence the post:

Our LA has sent us a letter reminding us that the tenancy agreement is coming to an end on 29th August and asks for 2 months notice if we want to renew/ leave (we have rented this flat for nearly four years now).
We want to leave as we are moving to a different city but since I don't have a job there yet (my husband does and is currently commuting/ staying in B&Bs) it would be a bit rubbish not to have anywhere to stay after 29th August. I would have to give four weeks notice at work so would be happy to give four weeks notice to LA/LL also but don't know whether this could be for the end of August or the end of September (if we get it on a rolling contract).

Basically the main question is: Do we have to give notice now or can we wait another four weeks (till end of July) and give notice then that we want to leave end of August or wait even longer and give notice to leave in September.

Any help will be greatly appreciated.

Many thanks

G_M

If your fixed term ends on 29th August (and assuming you are in Eng/Wales) you do not have to give ANY notice. You can simply move out on or before 29th.

However it is obviously polite, and helpful, for both you and the LL to give each other advance warning of your intentions.

If you stay one day beyond your fixed term (ie 30th Aug) then you immediatly start a Periodic contract, and then have to give one months notice ending on the 29th of the month (so giving notice on 1st Sept would NOT be a full month till 29th Sept - your notice would have to be for 29th Oct).

Werdnal

It is not compulsory to renew your tenancy every year, or at the end of every fixed term. If you have done this at the request of the LA every year, then you have just paid them fees for a serivce that is not required by law (basically them printing off a new agreement and lending you a pen to sign it!).

At the end of a fixed term, the tenancy automatically becomes a statutory periodic tenancy, and all the terms and conditions of the tenancy remain, other than the notice required, which becomes 1 month from you, or 2 months from your LA/LL. However, LA's often tag a renewal onto the end of each fixed term, to line their own pockets, and LLs will sometimes insist on it for peace of mind that you are committed to stay for the next term.

If you want to leave after 29th August, so do not wish to fix yourself into another long term, speak to the LA, explain the situation, and ask if they and/or LL will agree to letting the tenancy become periodic. If so, you would then still have a valid tenancy, but only need to give your month's notice when the time suits your job changes.

Milka

Thanks for your answers so far.

I have just had a look at the tenancy agreement and under one clause it states: "to give the LL or LA at least two calendar months notice in wrtiting to terminate the tenancy, such notice not to expire earlier than the end of the fixed term of the tenancy."

If we don't give notice does that not mean we would be in breach of our contract?

G_M

No. That clause is over-ridden by law. When the fixed term ends, the tenancy ends.

Unless you stay and it becomes periodic. Ignore the clause.

Milka

Thanks G_M.

May I just ask how you know all this? Do you work in that industry or is it just experience?

G_M

Sorry - no personal details.

But the way things work here, if someone (eg me) makes a mistake, someone else will be along to correct me!

But in this case, I could only be corrected by someone who does not know!

Milka

I understand.

Many thanks for your answers.

dancingfairy

Hi - your best bet is probably to get in contact with the Landlord himself/herself. The letting agnets will prefer another year contract as they will want their money for drawing up a new agreement etc The actual landlord might be happy to get advanced notice of your intentions plus rent for a few more months and be happy to tell the letting agents that you do not need a new yearly tenancy
Obviously if you want to be really helpful you could agree to let prospective new tenants look around as favour to the landlord (in return for letting you stay longer) but you don't have to.

Best of Luck
df

jamie11

Please also note that if you decide not to sign the new agreement and the LA and LL retaliate by serving you with a S21 then that is no reason to panic. The S21 is a 'no fault' notice and does not oblige you to leave when it runs out. You are entitled to stay until the LL (not the LA) obtains a possession order, that would normally take anything up to and over 5 months. As long as you keep paying the agreed rent then there is nothing the LL can do to get you out earlier.

The 2 month notice requirement is overridden by statute when you enter a periodic tenancy, it is 1 month from you and 2 months from the landlord, each notice must end on the last day of a statutory period.

Also be aware that even if the landlord has served a S21 to you you must take care to give your own one month notice to him as well otherwise you may find yourself liable for an extra month's rent after you have left. (Always keep proof that you have done so)

Yorkie1

jamie11 wrote: »

Please also note that if you decide not to sign the new agreement and the LA and LL retaliate by serving you with a S21 then that is no reason to panic. The S21 is a 'no fault' notice and does not oblige you to leave when it runs out. You are entitled to stay until the LL (not the LA) obtains a possession order, that would normally take anything up to and over 5 months. As long as you keep paying the agreed rent then there is nothing the LL can do to get you out earlier.

The 2 month notice requirement is overridden by statute when you enter a periodic tenancy, it is 1 month from you and 2 months from the landlord, each notice must end on the last day of a statutory period.

Also be aware that even if the landlord has served a S21 to you you must take care to give your own one month notice to him as well otherwise you may find yourself liable for an extra month's rent after you have left. (Always keep proof that you have done so)

Surely this is not necessary in all cases? If a T is served a s.21 notice in a periodic tenancy then they can choose to leave at the end of that notice period. If a T is served a s.21 during a fixed period of the tenancy, they can choose to leave at the end of the fixed period without giving notice.

There is no requirement for the T to counterserve notice in those circumstances.