notice on fixed term contract

lemontart

Hi friend as a fixed term contract of 6 months due to end 1st week of next month - no mention of notice period if not renewing or any other type in contract - have researched what is should be and not clear as getting two answers. Only reference is that have to allow reasonable access for up to two months prior for viewings by prospective tenants

Agents saying has to be one month from rent date which I am certain is not correct as not rolling contract as still within the 6 months of original contract. which would mean having to pay for one month after the end of tenancy agreement as well

Can any one advise correct or point me in right direction

G_M

Assuming this is England, tenant can simply move out on last day of the fixed term. No notice required.

However it is polite and sensible to let the landlord/agent know in advance, both to help them with planning, and to arrange check-out inspection/hand-over of keys and arrangement for deposit return.

Stay one day longerand a periodic tenancy is created, and then a months notice is needed.

If agent is asking for a months notice, it may be simpler to just provide this to avoid arguments (many agents have no idea of the actual requiremnts!), but you do not have to.

That's what 'fixed term' means. It starts, it continues for a .... fixed term, then it ends (provided tenant leaves!).

lemontart

having checked with accomodation concern it appears that regardless of whether or not it states in contract it is supposed to be 1 months notice from rent date ...............yet I read on tenancy sites this is not the case so really not sure who to believe

jjlandlord

lemontart wrote: »

having checked with accomodation concern it appears that regardless of whether or not it states in contract it is supposed to be 1 months notice from rent date ...............yet I read on tenancy sites this is not the case so really not sure who to believe

One month notice is for statutory periodic tenancies arising if you remain after fixed term. And the notice should not expire in line with rent periods but tenancy periods (not necessarily the same date).

For fixed term tenancies, G_M's post above is the correct answer: Need not give notice to vacate at the end of the fixed term tenancy.

Yorkie1

As G_M says, the contract starts as a fixed term tenancy. At the end of the fixed term (6 months in this case), it either comes to an end if the T leaves, or if the T stays then it becomes a periodic tenancy.

If the original fixed term was for 6 months from 3rd October (for example), then it expires on 2nd April of the following year. The subsequent rental period runs from 3rd of each month to the 2nd of the following month.

If the T wants to give notice after the end of the tenancy, it is 1 month's notice, to end at the end of a rental period. So in the example, if the T wanted to leave by the 2nd May, notice must be served (akin to received) before 1 April.

If the LL wants the T to leave, the LL must give 2 months' notice, also to end at the end of a rental period.

lemontart

jjlandlord wrote: »

One month notice is for statutory periodic tenancies arising if you remain after fixed term. And the notice should not expire in line with rent periods but tenancy periods (not necessarily the same date).

For fixed term tenancies, G_M's post above is the correct answer: Need not give notice to vacate at the end of the fixed term tenancy.

thats what I thought so have printed off various bits from sites for friends as they have another appt and I will tell them to question this . apparently they did not even read the contract at the advise place - not good. can anyone recommend any good sites that spell this out so I can pass it on.

many thanks

Yorkie1

Shelter is always a good place to start.

lemontart

Printed off the stuff from Shelter and direct gov - advise peeps said ignore direct gov as often wrong yet were referring to booklets from direct gov in front of me, and were not aware of the paragraph that clearly states about fixed term in the law as highlighted then they went and checked Shelter law and read out exact same paragraph - said not trained out like that and would have to seek clarification whilst all the while saying tenancy law very precise and she has 10 yrs experience....................have also checked dozens of other sites ............I will of course be finding out who governs such advice agencies as they appear to be contradicting the law or have no real knowledge of it in the fine print that is so very important.

Basically agents just as ignorant of law or trying it on by looks of it.

Bottom line seems trying to get extra months rent after fixed term tenancy ends at least it seems that way - Am I correct in that any rent responsibility ends on the last date of fixed term of course provided tenant as moved out by that date, and that as rent paid in advance the rental due to be paid on that date does not need to be paid out (hope that makes sense) as that is for the next month.






Thanks for the help here guys

00ec25

quite correct
rent paid in advance means what you say - when you leave on or before the last day of the fixed period you have no further rent liability as the tenancy has finished

as you have now established, no notice is legally required but your friend is being impolite and may well have to fight for the deposit when the check out inspection is being done as the agent is not going to like them for teaching them their job!