End of AST; Do We Need to Give Notice?

Alarae

This is more for clarification then anything, as I remember seeing a few posts about this and wonder if they were actually correct.

Basically, we have just received notification of rent increase if we wish to renew our tenancy (currently in a 1 year AST, due to expire May 19th) and as we don't think it is worth paying that much we are looking to move and downsize at the same time.

They are constantly hounding us since informing us or the rent increase about whether we are staying or going; we cannot say either way until we find another house for definite.

How much notice do we have to give? From what I read on the forum previously can we technically give notice on the day the AST ends as it is the natural end of the tenancy or is there some statute provision which dictates length of notice?

I have scoured our tendency agreement and the only mention of notice period relates to instigating the break clause.

Obviously I will give notice if we secure another house, just that we don't want to say we are leaving and then have the added pressure to find somewhere, especially during my upcoming exam period!

pmlindyloo

Alarae wrote: »

This is more for clarification then anything, as I remember seeing a few posts about this and wonder if they were actually correct.

Basically, we have just received notification of rent increase if we wish to renew our tenancy (currently in a 1 year AST, due to expire May 19th) and as we don't think it is worth paying that much we are looking to move and downsize at the same time.

They are constantly hounding us since informing us or the rent increase about whether we are staying or going; we cannot say either way until we find another house for definite.

How much notice do we have to give? From what I read on the forum previously can we technically give notice on the day the AST ends as it is the natural end of the tenancy or is there some statute provision which dictates length of notice?

I have scoured our tendency agreement and the only mention of notice period relates to instigating the break clause.

Obviously I will give notice if we secure another house, just that we don't want to say we are leaving and then have the added pressure to find somewhere, especially during my upcoming exam period!

When your fixed term notice comes to an end then you will automatically roll onto a periodic tenancy. You will then need to give one month's notice to leave. (I'll try and find the link that explains it)

Letting agents will always ask you to renew as they like the renewal fees! You do not have to.

In fact you do not have to inform them if you want to leave at the end of the fixed period but it obviously polite to do so. Plus you will want them to inspect and get the deposit back.

So, speak to the LA/LL, explain the circumstances and say you want to go onto a periodic tenancy as you wish to leave and will do so when you find a new place giving the correct notice.

propertyman

There is no need to give notice you can of course leave, but it is better all round to give some form of notice so that the landlord/agent can make arrangements, and is in a better frame of mind when it comes to a reference.

You are in a bit of a tiz , you are committed until the end, and as they are happy that you stay on, you adjsut your plans to accept that you are
a paying a higher rent for while
b will adjust your new home plans to giving one months notice if you stay on after the end of the tenancy.

While it is nice to dovetail moves, it is not always possible and people have to allow for paying rent for two homes for a week or so, where they cannot.

that is one reason for discussing plans with the LL or LA, as they might be able to find a tenant to move in "as you leave" and let you out of notice, and the rent, early ( but they don't have to).

pmlindyloo

Link for when a fixed term ends.

http://forums.moneysavingexpert.com/showpost.php?p=52421475

pmlindyloo

Link about rent increases:

https://www.gov.uk/private-renting/rent-increases

Alarae

pmlindyloo wrote: »

When your fixed term notice comes to an end then you will automatically roll onto a periodic tenancy. You will then need to give one month's notice to leave. (I'll try and find the link that explains it)

Letting agents will always ask you to renew as they like the renewal fees! You do not have to.

In fact you do not have to inform them if you want to leave at the end of the fixed period but it obviously polite to do so. Plus you will want them to inspect and get the deposit back.

So, speak to the LA/LL, explain the circumstances and say you want to go onto a periodic tenancy as you wish to leave and will do so when you find a new place giving the correct notice.

Ah, you middle part answers my query. We are not planning on staying past the end of the AST, so we wouldn't roll onto the Periodic (obviously if all goes to plan). I assume if we ask to roll onto the Periodic the EA will say no and probably issue the S21 notice I read about on here to get us out.

So in theory, if we found somewhere to move to and only had two weeks notice available to issue the EA with before the end of the AST we can't be penalised?

I'm not trying to be difficult with the EA, just if they start to get pushy I want to be able to have my facts correct.

EDIT: All your helpful posts answered my questions. I now feel a bit more secure in my position

G_M

Ending/Renewing an AST (what happens when the Fixed Term ends?)(What is a Periodic Tenancy?)(How can a LL remove a tenant?)(How can a tenant end a tenancy?)

Rent increases (how and when can rent be changed)

propertyman

Alarae wrote: »

So in theory, if we found somewhere to move to and only had two weeks notice available to issue the EA with before the end of the AST we can't be penalised?)

No you DON'T have to give notice at all. It is as explained polite to discuss your plans.

theartfullodger

propertyman wrote: »

No you DON'T have to give notice at all. It is as explained polite to discuss your plans.

Absolutely correct: But many agents and some landlords claim otherwise so you may need to persuade them. The law is very clear.

dancingfairy

But if you go on to a rolling tenancy then the agents could in theory serve notice but that would be at least 2 months, then they'd have to go to court, all of which would buy you time.
It's pretty much your choice. If they want you out at the end of the AST then they have to have served a S21. They can't just assume whether you will or won't be staying.
df