Notice not to renew

gordonbennet

stuartw101 wrote: »

Just seen the following which seems to suggest having to give upto 2 months notice:

https://www.gov.uk/private-renting-tenancy-agreements/how-to-end-your-tenancy

They do say "Up to 2 months..." and the Shelter website (linked from the Gov link above) clarifies that normally you can leave at the end of a Fixed Term without notice, but then goes on to say "If you intend to do this, first check your tenancy agreement and make sure there isn’t a requirement for you to give notice. It’s always best to speak to your landlord and get advice if you’re not sure."

Which suggests that as it is mentioned in the AST the LL may be able to insist on 2 months?? I'm not sure that it would be very easy for the LL to enforce though. Does anyone know different?

G_M

gordonbennet wrote: »

They do say "Up to 2 months..." and the Shelter website (linked from the Gov link above) clarifies that normally you can leave at the end of a Fixed Term without notice, but then goes on to say "If you intend to do this, first check your tenancy agreement and make sure there isn’t a requirement for you to give notice. It’s always best to speak to your landlord and get advice if you’re not sure."

Which suggests that as it is mentioned in the AST the LL may be able to insist on 2 months?? I'm not sure that it would be very easy for the LL to enforce though. Does anyone know different?

No. They cannot. A fixed term contract starts on the first day of the fixed term and ends on the last day of the fixed term.

That is a fundamental part of the contract.

A clause inserted within the small print cannot over-rule that. It would make the concept of a fixed term legally meaningless.

Thus no notice is required. The contract simply ends whatever the tenant does or does not do.

Of course, under the Housing Act 1988 , a tenant also has a statutory right to remain, and by staying beyond the end of the fixed term, creates a new tenancy ( a Statutory Periodic Tenancy). Note this is a new tenancy. The original fixed term tenancy has ended just as it does if the tenant leaves.

This is also the legal rationale for the landlord having to re-issue the deposit protection 'Prescribed Information' when a SPT is created. Because the FT has ended and a new tenancy(SPT) been created.