AST coming to end - do I have to give notice?

gwhizz75

We have been living in a rented house for the past 2 years. We originally signed a contract for 12 months and after this, although we wanted to go onto a monthly rolling contract, the landlord insisted we sign up for another 12 months - so we did.

The 12 month AST is due to end in mid July - in the mean time, we are in the middle of buying a house and hoping to complete in early July. Unfortunately, because we haven't exchanged yet, we haven't felt able to give notice to the landlord in case something goes wrong with the purchase.

On our tenancy agreement, it says that we must give 30 days notice to leave at the end of the fixed term but after reading through the forums, am I right in thinking this is not enforceable? If this is the case, and we can in fact just leave at the end of the fixed term (I hope we will at least be able to give a couple of weeks notice!), how do I argue this point with the landlord/estate agent? Is there some kind of law I should quote to make the point??

Many thanks for any advice!

G_M

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?

The 12 month AST is due to end in mid July - in the mean time, we are in the middle of buying a house and hoping to complete in early July. Unfortunately, because we haven't exchanged yet, we haven't felt able to give notice to the landlord in case something goes wrong with the purchase.

You can't give notice to end a fixed term.

Is there some kind of law I should quote to make the point?

500 years of Law of Contract.

Your contract has a start date, and an end date. When the end date arrives, the contract ends (notice or no notice).

gwhizz75

Thanks G_M…

Why do they bother putting the 30 day notice thing at the end of the AST agreement if it isn't enforceable? To scare people into thinking they'll have to pay an extra month of rent if they just leave at the end of the contract?

G_M

Perhaps

* ignorance. They actually think the clause is enforceable (letting agents need no training...)
* deceipt. They believe that the tenant will believe that it is enforceable
* practicality. It does actually assist both parties if notice is given in advance of departure
* laziness. They just copied a contract from somewhere else, that in turn copied the clause from.... and so the clause gets perpetuated

rusty_shilling

Sorry to crash your post gwizz. As a tenant (soon to be housebuyer) I'm in exactly the same situation.

A few questions to those "in the know"..

What happens if you don't give notice and the fixed terms expires, but you need another month or two living there whilst the housebuyer process finishes?

Can the landlord kick you out as soon as the fixed term comes to an end?

Can they enter the property to do viewings?

Many thanks
RS

Pixie5740

Read the information in the link G_M gave the other poster. That will give you the answers.

thesaint

rusty_shilling wrote: »

Can they enter the property to do viewings?

Many thanks
RS

It depends what your agreement is, either in writing or verbally.