Notice Period for Fixed Term Tenancy

klho

Hello!

Would be great if I can get some advice on this please:

I currently rent a property with an assured short tenancy, it has a fixed term of 12months (20aug2010-19aug2011). I am wanting to move out at the end of the fixed tenancy agreement (19Aug2011) however I was told by my agent that I need to give "2months notice" (it is also stated in the contract too) and so it seems that I am stuck here for a couple of more months.
I was reading online that for fixed term tenancies, the tenant does not need to give formal notice if they are leaving on the date of the end of the fix term agreement, and if there is a clause in the contract this is void as it clashes with statutory rights. Can someone confirm if this is the case?

I'm quite confused about what my rights are when it comes to ending a fixed term tenancy agreement.

Thank you in advance!

Werdnal

You are correct that at the end of a fixed term, you are do not legally need to give any notice at all, so long as you leave before midnight on the last day. It is obviously courtesy to give the LL warning that you are vacating the property, but you can simply hand in the keys on the last day and disappear into the sunset!

If you do stay into the first day AFTER the end of the fixed term, you are then on a periodic tenancy, which requires you to give 1 month's notice to leave.

Your LA/LL won't be too happy if you walk out without notice - are you expecting a reference from them for your next property? Giving notice also allows them to prepare an inventory check for the return of your deposit. I assume this is protected, so you will have some recourse if they charge you for any unexpected damages? And you should ensure your utility readings are taken and forwarded to each supplier - do this yourself to prevent any confusion later.

clutton_2

A fixed term is just that - a fixed period of time for a tenant to occupy premises. This agent is talking out of you-know-where. NOWHERE does it say in any LL&T assured shorthold tenancy legislation that a tenant has to give two months notice....

Landlords have to give 2 months notice in a periodic tenancy - tenants one month.

may_fair

You don't have to give any notice to vacate at fixed term expiry, on 19th August - it doesn't matter what it says in the tenancy agreement, it's not enforceable.

G_M

Just to make the advice unanimous - you are correct.

theartfullodger

As long as you are not in Scotland: In Scotland you must give notice (or pay ...)

klho

That's great! Thank you for your advice - very much appreciated!

klho

Hello!Ok well I just called the agency and they are adamant that I must give notice, he insists that in the housing act tenants have to give notice and cannot assume that they are leaving at the end of the fix term. I am getting a bit frustrated by it! Anyone have any experience in dealing with this??

RAS

Just checking that you are not in Scotland?

If not. they are mad and incompetant.

You need no qualifications or experience to set up as a letting agent, which is plonkers like this get in.

It is a FIXED term contract, with a defined end date.

klho

Nope I am not in Scotland, I am firmly on English soil! My solicitor is aware of this, but I'm worried that he will come back to me saying that the contract states giving a 2 months notice period...

Werdnal

klho wrote: »

Nope I am not in Scotland, I am firmly on English soil! My solicitor is aware of this, but I'm worried that he will come back to me saying that the contract states giving a 2 months notice period...

And if he does, what do you think her can do about it? Is your deposit protected? If so, the scheme should not allow the agent/LL to keep money in lieu of notice.

If he threatens to take you to court, he will get nowhere because he is wrong. I am sure someone will be along shortly with the correct quoted legislation which you can print off and stick under the LA's nose. You might yet be able to educate him in tenancy law - I agree, many LA's are ignorant, and believe if is in the contract, its legal!