End of tenancy

lobster2025

Hello all,

Hopefully you can help me out as my stress levels are at the maximum!

I am having a disagreement with my landlord about the end of my tenancy. I have entered into a 12 month tenancy from the 20th June 2011. We have moved out and have notified the landlord that our tenancy concludes on the 20th June 2012 as per the agreement.

The tricky part is that as well as stating that the period is for 12 months, it also states that notice of two months must be served and this can be no earlier than the 12 month. My stance is that our term is for 12 months, his stance is that we have to give him 2 months notice and this means that it is until the 20th August 2012.

We have lived in the property for 4 years and it is a very lettable property but it seems that it is the landlords intention to now sell the property and he is digging his heals in so that we are paying for the period it is empty before selling it.

The reason we are moving is that will be made redundant on the 30th June and my wife is on maternity leave having only given birth 6 weeks ago. We literally have no money to cover the rent and so I would expect that the landlord will seek to hold onto our £2000 deposit in lieu of the notice he believes he is entitled to.

I have done some scouting round the internet and there appears to be advice that at the end of the stated term we could move out without notice though it would not be courteous to do so.

My confusion is that in a fixed term contract, would there be notice in the AST? I am sure there would for a break clause but if we cannot serve notice until after the fixed term then there is no break!

Any advice?

girl_withno_name

If you're on a Fixed Term tenancy, then this post by G_M should help:
http://forums.moneysavingexpert.com/showpost.php?p=52421475&postcount=6

Also - I believe that if your tenancy started on 20th June 2011, then the 12 months tenancy will end on 19th June 2012.

HappyMJ

Most tenancies will have a clause that require you to give at least one months notice and it can possibly be up to 2 months notice depending on when you notify the landlord.

lobster2025

Girl with no name - Thanks for the reply, i will look at that thread. We have moved out of the property now and it is ready to be handed over. The checkout clerk is coming on the 20th, should i try and have this moved to the 19th or get the keys back to the landlord by the 19th? I have asked where to send them but he has not told me yet.

HappyMJ

lobster2025 wrote: »

Girl with no name - Thanks for the reply, i will look at that thread. We have moved out of the property now and it is ready to be handed over. The checkout clerk is coming on the 20th, should i try and have this moved to the 19th or get the keys back to the landlord by the 19th? I have asked where to send them but he has not told me yet.

I would hand the keys back on the 19th to avoid any confusion then if they wish to do the check out procedure on the 20th then it's nothing to do with you.

lobster2025

Thank you all.

Does anyone have any further information on this point

A) What happens at the end of the Fixed Term of an AST?

1) The tenant wishes to leave

The tenant can leave without giving notice. Even if the contract (tenancy agreement) says notice is required, this is not so.

HappyMJ

lobster2025 wrote: »

Thank you all.

Does anyone have any further information on this point

A) What happens at the end of the Fixed Term of an AST?

1) The tenant wishes to leave

The tenant can leave without giving notice. Even if the contract (tenancy agreement) says notice is required, this is not so.

Shelter website says this...http://england.shelter.org.uk/get_advice/renting_and_leasehold/private_tenancies/assured_shorthold_tenancies

"It is possible to leave on the day your tenancy ends without giving any notice, but this is not usually advisable. It is best to give your landlord notice if you can, especially if you have paid a deposit and need it back."

You said you paid a deposit and need it back so you probably won't get it straight away.

lobster2025

No immediate rush for it back just want to make sure we get it back! I informed the landlord the day after i was put on notice for redundancy which was the 31st May so not quite a full month but I couldnt have done it any sooner as without losing my job we would have stayed for another year.

I have done everything i can to help the landlord by telling him immediately i knew we couldnt renew, let him come round for last minute visits with an agent and a decorator but he now seems to think he has me in a hole with having to pay for 2 months notice so that he can sell the property and not have to pay for it while the sale is going through. We have lived there for 4 years paid over £60k and never missed a payment and is fully aware of my personal situation to which he said " tough, not my problem"

I looked on the shelter before but it just says that i can leave without giving notice, as the AST states 2 months notice i wanted to get further information on the not needing to give notice even if it is specified in the agreement point.

RAS

Please read the stuff you quoted.

In your first post you were both wrong.

You assumed that your tenancy ends on June 20. It ends at midnight on June 19. If you are there at 00.01 on June 20, you have to pay an extra month's rent.

Your landlord thinks that his rental contract is correct. By law a FIXED Term Contract ends - at the end of the fixed term. No notice is required.

Even in a periodic tenancy (if the fixed term is not renewed), the notice required of the tenent is one month in a alignment with rental periods.

Statute law trumps contract basically.

Get the keys back today or tomorrow and if the LL bvleats suggest he contacts a lawyer. Make sure you have photos of everything before you leave including cupboards and down the loo.

Do not expect the EA to have the least understanding of tenancy law.

Is your deposit protected?

RAS

lobster2025 wrote: »

I looked on the shelter before but it just says that i can leave without giving notice, as the AST states 2 months notice i wanted to get further information on the not needing to give notice even if it is specified in the agreement point.

Look if you cannot accept what Shelter, a highly regarded source of advice, say, why are you posting for advice from a bunch of amateurs who you do not know?

lobster2025

RAS - Thanks for the replies, I do accept what shelter says and have used that as my argument for why I am not on the hook for 2 months notice. He disagrees and that is why i wanted to find out more on the point that was put about even if notice says that it is required then it might not be the case as I can then trump his argument.

Noted about the 19th not 20th and i will make sure that happens. Any idea how i can surrender the keys as he hasnt told me where to send them, despite being asked, and the agency I originally let through has now gone bust. Short of waiting outside his house is there anything else you suggest.