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Need clarification on leaving an AST and notice given
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southernscouser
Posts: 33,745 Forumite
Hi,
Very briefly, my 12 month AST ended at the start of this month. I gave the landlord 23 days notice prior to this date that I would not be renewing. I was going to sign another AST but my circumstances changed where I had no choice but to move out. The landlord now wants 1 months rent from the deposit for loss of earnings.
Where do I stand in this situation? :undecided
Thanks
Very briefly, my 12 month AST ended at the start of this month. I gave the landlord 23 days notice prior to this date that I would not be renewing. I was going to sign another AST but my circumstances changed where I had no choice but to move out. The landlord now wants 1 months rent from the deposit for loss of earnings.
Where do I stand in this situation? :undecided
Thanks
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Comments
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If you moved out before or on the day the fixed term expired you did not need to give notice and the tenancy ended at the fixed term's expiry.
Landlord's claims are therefore without merit.0 -
If you vacated the property on or before the last day of the fixed-term you do not owe any rent at all. If the landlord is intent on demanding rent from you and tries to deduct it from your deposit just dispute it via the deposit-protection scheme's arbitration process.0
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jjlandlord wrote: »Have you moved out? When?
I moved out on the last day of the agreement returning the keys to the office as per my contract.0 -
BitterAndTwisted wrote: »If you vacated the property on or before the last day of the fixed-term you do not owe any rent at all. If the landlord is intent on demanding rent from you and tries to deduct it from your deposit just dispute it via the deposit-protection scheme's arbitration process.
Thanks.
That's what I was lead to believe. I don't suppose you can point me to a law or what not that I can quote as part of my 'defence'?
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southernscouser wrote: »I moved out on the last day of the agreement returning the keys to the office as per my contract.
All good, then.southernscouser wrote: »That's what I was lead to believe. I don't suppose you can point me to a law or what not that I can quote as part of my 'defence'?
You had a fixed term tenancy, which means that the tenancy ends by itself at the end of the term.
Hence why the tenant needs not serve any notice to end it...0 -
I wonder what the landlord understands the words "fixed-term" to mean? In any case you don't need any legislation to quote. You don't need any defence. The onus is on the landlord to prove their position, not for you to prove the opposite. Just use the deposit-scheme's arbitration process. They know the law better than you or I.0
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jjlandlord wrote: »All good, then.
You had a fixed term tenancy, which means that the tenancy ends by itself at the end of the term.
Hence why the tenant needs not serve any notice to end it...
Does it affect things if I had verbally said I'd agree to a new fixed term agreement, although no contract was draw up? :undecided0 -
Are you saying there was no contract and it was all verbally agreed?Turning our clutter to top up our house deposit: £3000/£303.05 we're on our way!0
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Was there an original written contract for the first 12 months?0
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