notice period from tenant

hastie

Hi guys, could you clarify for me the procedure for my tenant leaving my property.
The end of the 6 months tenancy is completed on the 25th of August 2011. I called today to ask whether the tenant was staying for a further 6 months. She verbally said she would be leaving at the end of August, and would confirm this in writing.
I checked the contract and it details that the tenant should give 1 months notice in writing in accordance with the anniversary date of the tenancy.
Would you read this as I do to mean that she has not yet given a full months notice, even if I should receive the written notice today, and that she is therefor liable for a further months rent taking her to 25th September.
OR does the ending of the 6 months tenancy overide that and her tenancy end on the 25th of August.

Thankyou in advance for your advice.

sham63

A tenant has the right to leave on the last day of the fixed term without giving any notice.

Have a look here;

http://www.tenancyagreementservice.co.uk/ending-a-tenancy-agreement.htm

RAS

Assuming that you are in England or Wales, she is not required to give you any notice whatsoever as long as she moves out on or before August 25, although she might be advised to book a checking out inventory date with you.

BitterAndTwisted

Strictly a tenant doesn't have to give any notice that they will be leaving at the end of the fixed-term although good manners would say that she should signify her intentions. WRITE to your tenant asking her for a convenient date to hand over the property and keys on or before the 25th so that you can carry out the check-out inspection

hastie

Thankyou all for your quick replies, and for your advice. It seems you are all in agreement that the 6 months date is the relevent one.
Any one disagree?

Soot2006

There is no disagreement as the posters are definitely correct!

The contract runs until 25th August, thus if she leaves before that date she has fulfilled her contractual obligation to you.
Many of these ASTs are quite badly worded ... Having said that it's considered good form for T to let LL know they're leaving.

Werdnal

As above, although it is nice for a LL to receive notice, and obviously a courtesy from the tenant, 1 month's notice is not required IF the tenant leaves on or before midnight on the last day of the fixed term, so long as rent is paid until the end of that term.

Despite what many tenancy agreements state, in law, it is not a requirement.

may_fair

hastie wrote: »

The end of the 6 months tenancy is completed on the 25th of August 2011. I called today to ask whether the tenant was staying for a further 6 months. She verbally said she would be leaving at the end of August, and would confirm this in writing.

The following assumes this is an AST in England/Wales.

If she remains in occupation after the fixed term ends on 25th August, a statutory periodic tenancy will automatically arise on 26th August and, as of that date, she would have to give you notice to end the tenancy of at least one month, also expiring at the end of a tenancy period.

theartfullodger

& if you want her to go you give her at least 2 months notice, ending on end date of rent period..see..
http://england.shelter.org.uk/get_advice/renting_and_leasehold/private_tenancies/assured_shorthold_tenancies#2