Giving notice at the end of a fixed term rental contract

MoneySavingUser

Hi,

I had a 12 month contract and then I thought about going to periodic but the letting agent said the landlord doesn't want this.

So I ended up with another 12 month contract which is due to end at the end of July.

The normal notice period is 2 calendar months per the contract so to leave at the end I would need to give notice by the end of this month

but I have come across some articles which state that notice isn't needed at the end:

http://www.housingadviceni.org/advice-landlords/end-fixed-term

http://www.landlordlawblog.co.uk/2012/04/19/must-tenants-give-notice-to-leave-at-the-end-of-the-fixed-term/

http://www.landlordlawblog.co.uk/2010/04/10/tenants-notice-to-leave-at-the-end-of-the-fixed-term/

http://www.property118.com/tenancy-agreements-at-the-end-of-the-fixed-term/41326/

Your tenants are free to move out at the end of a fixed term, even if they haven't given you a Notice to Quit. Some tenancy agreements include a term insisting that tenants give notice to quit if they want to move out at the end of a fixed term tenancy. However, this is an unfair term and the Office of Fair Trading has ruled that such terms are unfair and unenforceable. If you sue the tenant for unpaid rent or claim the rent from the tenant's deposit because they moved out at the end of a fixed termwithout giving notice, a court may throw out your case since the OFT has ruled that this type of requirement is unenforceable. - See more at: http://www.housingadviceni.org/advice-landlords/end-fixed-term#sthash.DZTWR4Sp.dpuf

Last year the letting agent sent me a letter on the 9th of May but haven't sent me anything yet. However I didn't actually return it to them until after July.

The reason for the question is that I want to buy a house instead of renewing for another 6/12 months but if I give notice now for the end of July I might not have found anything by then - so would it be ok to not to do anything for now and leave at the end of July if I have found a house by then?

(I mean from my point of view and getting back my deposit etc.

I know there are ethical issues about leaving the landlord in the lurch which I'm not asking for advice on).

G_M

The key is in the description: "fixed term".

The contract ends at the end of the fixed term - that's what 'fixed term' means - and that is basic contract law.

A clause within the contract requiring notice would be subsiduary to the fundamental terms of the contract ie the start and end dates, so even if it says notice is required, in fact it is not.

The only exception is where the contract is extended by statute (Act of Parliament). This happens automatically if the tenant stays (see link below). Otherwise the contract ends.

There was no need to renew last year just because "the letting agent said the landlord doesn't want this." Far more likely the agent did not want it, as they can charge both tenant and landlord a fee for a new fixed term.

Now read:

* Ending/renewing an AST: what happens when a fixed term ends? How can a LL or tenant end a tenancy? What is a periodic tenancy?

PuzzledDave

MoneySavingUser wrote: »

Hi,

I know there are ethical issues about leaving the landlord in the lurch which I'm not asking for advice on).

No there is not, a rental contract is a business arrangement.

The local pool club had no ethical issues when I stopped paying for my yearly membership fee, neither does your landlord when you no longer wish to pay your yearly housing fees (as long as we both stop trying to use their services !).

Guest101

A safe bet is to ignore the letting agent.

They can't force you into a new contract.

The notice period to end a fixed term is as explained unenforceable.

MoneySavingUser

Thanks all that is helpful.

Yes I know you don't strictly have to renew but they were quite insistent and I felt like I had to go along with it - but maybe I should have just ignored them. It seems unlikely they would have tried to replace me with someone else who would sign a longer term contract as that would be a hassle for them too.

Guest101

Hassle for your landlord, money for them.

It's in the agents interest to keep turning over tenants

BitterAndTwisted

Yep. Yet another tenant-finding fee from the landlord. Mark-up on credit-referencing prospective new tenants. More holding fees which they will do their utmost to hang onto. More mark-up on the check-in and check-out inventories. Agents bloody love tenant-churn and if they can't get that it's contract-renewing fees.

Ignore their blandishments to re-sign, let it go periodic and give your one month's notice when you have a firm moving-in date for your new home

MoneySavingUser

BitterAndTwisted wrote: »

Ignore their blandishments to re-sign, let it go periodic and give your one month's notice when you have a firm moving-in date for your new home

Thanks - what I'm worried about is what if they give me notice - though they would have to give 2 months and have the landlords consent? who might not want to do it even if they agent suggests it.

Guest101

They may be able to do so without the Landlords consent. - but you can always check with the LL if that's what they want?

LL has ultimate say yes or no.

It's 2 months notice, then court, then bailiffs, so in reality its closer to 4 months

Pixie5740

If the LA are going to continue to cajole you into signing a new fixed term contract even though it's not necessary then perhaps it's time to go direct to the landlord.

You're contract is with the landlord so contact the landlord directly to discuss your situation and having a Statutory Periodic Tenancy. If you don't have the landlord's contact details then ask the LA for them...in writing. By law the LA has to provide the LL's contact details.

G_M

Pixie5740 wrote: »

... If you don't have the landlord's contact details then ask the LA for them...in writing. By law the LA has to provide the LL's contact details.

Indeed.

Landlord & Tenant Act 1985 section 1.