Giving Notice on a Fixed Term Tenancy

Growler

I'm in need of a bit of advice on behalf of a friend. Hopefully someone out there might be able to offer some help.

My friend has an idea that they do not have to give notice if they leave the property at the end of their fixed term assured shorthold tenancy. Is this really the case or will they find they will automatically be rolled over into a periodic tenacy if they don't give notice, and the landlord will chase them if they leave when the fixed term ends?

Anyone know something about this one?

Gorgeous_George

They should give one month's notice a month before the tenancy ends to be on the safe side.

Similarly, their LL would need to give two months' notice.



GG

prudryden

Growler wrote:

I'm in need of a bit of advice on behalf of a friend. Hopefully someone out there might be able to offer some help.

My friend has an idea that they do not have to give notice if they leave the property at the end of their fixed term assured shorthold tenancy. Is this really the case or will they find they will automatically be rolled over into a periodic tenacy if they don't give notice, and the landlord will chase them if they leave when the fixed term ends?

Anyone know something about this one?

Unfortunately, a tenant can leave at the end of the fixed term without notice. This would not be a very nice thing to do however and, hopefully, he won't need a reference from the LL because it won't be a pleasant one.

aussielovell

a tenant CANNOT leave a lease without penalties at the end of a fixed term notice as a tenancy does not come to an end unless both parties are in agreement and the correct paper work is served (on the landlord side) If no one gives notice then the tenancy will continue on tacit reclocation (same terms as original agreement)

prudryden

aussielovell wrote:

a tenant CANNOT leave a lease without penalties at the end of a fixed term notice as a tenancy does not come to an end unless both parties are in agreement and the correct paper work is served (on the landlord side) If no one gives notice then the tenancy will continue on tacit reclocation (same terms as original agreement)

Wrong. An AST has an ending term date (END OF CONTRACT). The tenant can leave on that date and there is not a lot the LL can do about it. A LL has to serve notice, but, unfortunately, a tenant does not, even though we tell him in the contract he has to.

mister_bojangles

If they do not give one month notice of their intention to quit the premises, it will be assumed that they intend staying on and will be locked into any other agreement which the landlord may impose on them e.g licence agreement of 12 months, shorthold tenancy of 6 months, et al. They may opt out of any of these agreements after a period, but failure to give notice of the intention NOT TO continue with the use of the home as their domicile is usually not a good one.

Note that if the shoes were on the other feet, the landlord cannot easily kick out a tenant, even if the signed tenancy is up. In a court of law, the landlord must show proof that they sent the tenant(s) a reminder or Notice Seeking Possession at the end of the tenancy or any forced eviction will be void.

Giving notice also helps with recovering any deposit the tenant may have paid.

aussielovell

Possession

Key Points:
Landlords must give tenants 2 months notice of termination of an Assured Shorthold tenancy which is in the form of a notice requiring possession. This must be in writing but the 1996 Act does not prescribe a particular form of notice.
Once the fixed-term has ended the tenancy automatically becomes a periodic one. Here, the landlord is required to give 2 months' notice, and the tenant gives one months' notice in writing (when rent is paid monthly) or 4 weeks' notice (28 days) when the rent is paid weekly.

LANDLORD ZONE - LEGAL ADVICE.


Sorry, I think you are ill advised. Tenancy will only end if either party officially ends it. However, will a LL chase for the last months rent if the tenant doesnt go? Prob not.

Problem is that LL has no legal right of access to his property if there is nothing from the tenant to say that he has left and the LL will have to go to court to get automatic right of possession using the relevant ground. Will most LL's wait for this (often months and costing approx £600 - £1000) again, prob not but for the sake of handing in notice, surely it isnt worth causing someone this much grief! If tenants choose to come back after one month and no notice has been serced by either party, you may be forced to let them back into the property and this is whether rent is paid or not. Happened to someone I know! Took 8 months to get through court during which time the tenant was living else where and no rent was paid.

aussielovell

http://www.landlordzone.co.uk/Possession.htm

LINK TO THE FULL ARTICLE

Growler

To give a bit more background to the story...

my friend is about to buy a property with his partner and money is tight. The completion date has not yet been agreed but he expects it to coincide with the last month of the fixed term AST. What he is telling me is that he doesn't want to risk giving notice to the landlord in case a completion date cannot be agreed in time and he is left homeless. If a completion date is not agreed, he tells me that he will be in a periodic tenancy, he'll give a months notice, and stump up the money for another months rent. If completion IS agreed in time then he just plans to walk away from the tenancy without having given any notice.

I can't believe this is not going to lead to trouble...

mister_bojangles

Whatever the circumstances, is your friend therefore suggesting that it is better for the landlord to lose out financially rather than him. Money may be tight, but it is better to have a dialogue about the plans with the landlord (even if it's not formally written), so he/she can commence the search for another tenant. The landlord will prefer to lose, say one month rent, than the uncertainty of knowing whether a tenant is still occupying his/er property or not. PS: Note that your friend will owe rent as long as no notice (either through dialogue - with witnesses of course or via a letter) is given.

thesaint

prudryden wrote:

Wrong. An AST has an ending term date (END OF CONTRACT). The tenant can leave on that date and there is not a lot the LL can do about it. A LL has to serve notice, but, unfortunately, a tenant does not, even though we tell him in the contract he has to.

This would be if the landlord had served an S21 during the the fixed term of the tenancy. It is true that the tenant would have to give a months notice during the fixed term in this case. It isn't true that he will be locked into any term that the landlord may impose on them

originally posted by mister bojangles
If they do not give one month notice of their intention to quit the premises, it will be assumed that they intend staying on and will be locked into any other agreement which the landlord may impose on them e.g licence agreement of 12 months, shorthold tenancy of 6 months, et al.