Notice Period for Fixed Term Tenancy

00ec25

time for you to get tough with the agent

1. ask them to provide citations of the exact causes in the L&T act they think apply - they will be unable to do so as they do not exist

2. ask them what professional body they belong to (eg ARLA) and what training they have received. Explain you want to report them for negligence

3. ask them if they have a better knowledge of the law than such specialist advisors as the Shelter charity - point them towards this paragraph from Shetler website What happens when my agreement runs out?

anyone can call themsleves a LA, they do not need qualificatiuons and (most) know nothing about even the basics of L&T law

RAS

This is the Shelter link

http://england.shelter.org.uk/get_advice/renting_and_leasehold/private_tenancies/assured_shorthold_tenancies

frankly, I think it is a bit woolly, as there is no way your deposit would be at risk purely because you moved out on the last day of the tenancy without giving notice. The problems might occur if your LL did not do a check out inventory and so you were unaware that something needed remedying quickly to prevent charges (like removing a shoebox from the top of a wardrobe incurring disposal costs).

may_fair

klho wrote: »

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

Ask him which section of which Housing Act this requirement is in; he won't be able to tell you, because it's not there.

But there isn't that much point in arguing about it; just leave on or before the last day of the fixed term. If LL brings a claim for unpaid rent, he won't win.

G_M

I wouldn't even get into a debate/discussion about this with the agent. You'll be too-ing and fro-ing and wasting time and getting stressed.

Write to the landlord, and send a cc (copy) to the agnt.

Dear Mr Landlord,
I am writing out of courtesy to remind you that my fixed term tenancy expires on 19th Aug.

I shall be vacating on that date and would like to arrange a check-out inspection, and to arrange joint meter-reading and hand back the keys.

Kindly call me (email me whatever) to arrange a mutually convenient time for this on the 19th.

I'd like to thank you for your help over the course of my tenancy.

Yours sincerely

A Tenant.

G51shopaholic

I worked in letting for 7yrs. I must point out this was in Scotland

It was TOP PRIORITY to check with tenants two months + two weeks BEFORE their tenancy end date to see if they'd be leaving or if they wanted to sign a new tenancy agreement at the renewal date.

If there was no response from the tenant, I'd issue a NTQ (Notice to Quit) giving the tenant the two months noticed required (actually minimum is 60 days). This protected the Landlords right to get the property back and normally the tenants would sign a new lease. If they didn't then I knew there was the possibility of a property coming back up for let and we'd act appropriately.

In the case you describe I find the Letting Agent acted poorly. It is THEIR job to keep up with what is and isn't happening in the portfolio of properties they manage. They seem to be doing a very poor job and if I was a landlord I won't place my property with them.

Can you name them and shame them?

As other posts have said THERE IS NO NOTICE PERIOD REQUIRED ON A FIXED TERM LEASE - agent didn't do their job!

Werdnal

G51shopaholic wrote: »

I worked in letting for 7yrs. I must point out this was in Scotland

It was TOP PRIORITY to check with tenants two months + two weeks BEFORE their tenancy end date to see if they'd be leaving or if they wanted to sign a new tenancy agreement at the renewal date.

If there was no response from the tenant, I'd issue a NTQ (Notice to Quit) giving the tenant the two months noticed required (actually minimum is 60 days). This protected the Landlords right to get the property back and normally the tenants would sign a new lease. If they didn't then I knew there was the possibility of a property coming back up for let and we'd act appropriately.

In the case you describe I find the Letting Agent acted poorly. It is THEIR job to keep up with what is and isn't happening in the portfolio of properties they manage. They seem to be doing a very poor job and if I was a landlord I won't place my property with them.

Can you name them and shame them?

As other posts have said THERE IS NO NOTICE PERIOD REQUIRED ON A FIXED TERM LEASE - agent didn't do their job!

I cannot comment on the laws you worked under in Scotland, but in England/Wales there is no legal need to sign a new agreement for the tenancy to continue. Issuing notice just because a tenant does not want to sign a new fixed term is rather harsh. LAs are notorious for chasing unwary tenants to sign another tenancy just to get their renewal fee, which (unless the LL specifically requests the tenant to tie into another fixed term) is totally unnecessary!

We have now let a property for 11 years, 10 of which was through an agent, and 1 tenant stayed for over 6 years, with only an initial 6 month fixed term. Our agent never charged a renewal fee in all that time!

theartfullodger

G51shopaholic wrote: »

I worked in letting for 7yrs. I must point out this was in Scotland

...........

If there was no response from the tenant, I'd issue a NTQ (Notice to Quit) giving the tenant the two months noticed required (actually minimum is 60 days). ......

...........

Err,, no, minimum is 2 months (Scotland!!) see e.g.
http://scotland.shelter.org.uk/getadvice/advice_topics/eviction/eviction_of_private_tenants/eviction_of_short_assured_tenants/eviction_at_the_end_of_your_tenancy

As well as giving you a notice to quit, your landlord must also give you two months' written notice telling you that they want the property back. This is called a section 33 notice. If your landlord wants you to move out on the day your tenancy expires, they will need to give you a section 33 notice at least two months before that date. Landords can combine a notice to quit and a section 33 notice so that it comes as one notice, this is ok as long as it:

• gives you at least two months' notice

7 years in lettings eh??

Cheers!

klho

My solicitor called back to agree what you have all said, that with 35yrs of property law experience he is not aware that we have to give notice to leave at the end of a fix term tenancy (!!!!). I have emailed the agency to ask them to quote the exact authority in which this is supposedly in, I will hound him everyday till he comes back with something.
It is madness that there are people out there who manipulate the law and take advantage of unknowing tenants, its pretty disgusting really.
What if I had not questioned it? I would have just needlessly given them 2 months rent for no fault of my own!!

Werdnal

klho wrote: »

My solicitor called back to agree what you have all said, that with 35yrs of property law experience he is not aware that we have to give notice to leave at the end of a fix term tenancy (!!!!). I have emailed the agency to ask them to quote the exact authority in which this is supposedly in, I will hound him everyday till he comes back with something.
It is madness that there are people out there who manipulate the law and take advantage of unknowing tenants, its pretty disgusting really.
What if I had not questioned it? I would have just needlessly given them 2 months rent for no fault of my own!!

Good on you for persuing it. Might educate some of these ignorant LAs at last!

Works both ways though. One of our previous tenants was a pain in the bum, and we were letting through an agent then. I asked them to issue notice to him, but they swore blind they couldn't UNTIL his fixed term ended. I suspected this wasn't right, but at the time, I bowed to their supposed higher authority, so we had to wait out his fixed term until they would give notice, instead of issuing it at 2 months from the end to expire then! Its not just tenants that suffer from LA's inadequacies - it affects LLs too!

G_M

klho wrote: »

My solicitor called back to agree what you have all said, that with 35yrs of property law experience he is not aware that we have to give notice to leave at the end of a fix term tenancy (!!!!). I have emailed the agency to ask them to quote the exact authority in which this is supposedly in, I will hound him everyday till he comes back with something.
It is madness that there are people out there who manipulate the law and take advantage of unknowing tenants, its pretty disgusting really.
What if I had not questioned it? I would have just needlessly given them 2 months rent for no fault of my own!!

Stop wasting your time, and your energy! Just ignore them!