Giving Notice on a Fixed Term Tenancy

prudryden

thesaint wrote:

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

Thank you Saint. This service of the S21 at the beginning of the tenancy has been questioned by me on other forums. I contend that the tenant could rely on that notice to leave at the end of the fixed term without notice, because the LL has already told him he has to go. I am really not sure which carries more weight, the advantages or the disadvantages of issuing a S21 at the beginning.

So far, it seems about even and I am still waiting for something to tip the balance one way or the other. Any help there??

prudryden

Be careful of taking Landlordzone's word as gospel. I notice they say a LL is required to give notice should the fixed term ends, but leave out the "required" bit when the sentence continues on in relation to the tenants notice at the end of the term.

They also are still talking about a requirement for stamp duty on rental income. I hope I read that wrong and they are more knowledgable than that.

Growler

Thanks for the replies to this tricky question. Having done a bit of research myself to check out the situation I came across this advice given to tenants on the Shelter website...

http://http://england.shelter.org.uk/advice/advice-3145.cfm

which says...

What happens when my agreement runs out?

If your agreement is for a fixed term (eg. six months), you can leave on the last day of the fixed term without giving notice. But you must ensure that you do not stay even one day over, or you will automatically become a periodic tenant and will have to give proper notice or come to an agreement with your landlord.

If you intend to leave on the last day you are not legally required to give the landlord any notice, but it's usually a good idea to do so, to avoid any dispute about when you actually left. Good communication helps things to go smoothly. Remember that you may need a reference to get a new home and, if you've paid a deposit, you're more likely to get it back if you keep the landlord informed.

Looks like I might have lost the argument after all...

prudryden

Thank you Growler - that was what I was saying.

clutton_2

judges have been known to throw out cases wherein a landlord has not paid the stamp duty on his AST ............

thesaint

Sorry, it's seems that I am wrong. I was sure that the law required a months notice.