Problems at the end of tenancy

Bored

I am moving out of my flat after 12 months, with a 12 month tenancy due to expire on the 31st Aug. I pay rent in advance on the first of the month.

I emailed the property manager yesterday to stay that I plan on leaving on the 31st however they have replied that I will need to pay an extra months rent on September 1st as I haven't given them 30 days notice. I have checked my tenancy agreement and I can't find any reference to this in the tenancy agreement - in fact it doesn't state that I need to give any notice period.

I will pay the extra month if I have to, but I just want to check that I'm in the wrong before I give them £600. :A

G_M

So to be clear. Your tenancy agreement:

* started on 1st Sept 2014?
* was for a term of 12 months?

So it ends on 31st August. That is the contract. So long as you have paid rent for those 12 months, you have complied with the contract. No notice is required since it is a fixed term. By definition, the contract ends at the end of the fixed term (provided you leave).

Do not waste time arguing this point since I anticipate the manager will just debate back and forth.

Leave on/before 31st August. Do not pay rent on 1st Sept. Write requesting your deposit.

If there is an argument at that point, raise a dispute via the deposit scheme arbitratin process.

Bored

That's what I thought initially, and it was a nasty surprise when I got the email from them!

This is a direct quote from the tenancy agreement -

"Term of Tenancy.
The Landlord lets to the Tenant the Premises for a period of twelve months. The
Tenancy shall start on and include the 1st September 2014 and shall end on and include the 31st August 2015."

I will probably try arguing with them before I leave though, because I don't want them chasing the other person on the tenancy agreement.

G_M

The contract is clear.

However the wording of their email in your firts post makes clear they will not (I suspect) agree with you, and I see no advantage in an acrimonious dispute during the next 2 weeks.

Bored

Well my hope is that when I nicely email them to point out their error, they will act like a reasonable business and agree that they are in the wrong.

G_M

Hope you're right.

Let us know!

Sharon87

Usually when a fixed term ends a rolling contract begins unless the landlord or tenant decides otherwise. So I see the point of the letting agent.

I hope it works out well for you, I would re-read your contract to see if there's a clause where it says you have to give 1 months notice.

G_M

Please don't confuse the issue, or the OP

Sharon87 wrote: »

Usually when a fixed term ends a rolling contract begins unless the landlord or tenant decides otherwise. So I see the point of the letting agent.
The landlord has no choice in the matter. If the tenant stays and chooses not to sign a new contract, a periodic (rolling) tenancy arises. If the tenant leaves, the tenancy ends.

The landlord canot 'decide' anything different. He can only offer the tenant a new contract (which the tenant can accept or decline).

I hope it works out well for you, I would re-read your contract to see if there's a clause where it says you have to give 1 months notice.

The Term of the tenancy as already quoted above is unambiguous and clear. It is 12 months.

Even if there is a clause later in the contract stating the tenant must give notice (I have seen such clauses), such a clause is over-ruled by the fundmental nature of the contract Term. Such a clause would have no legal meaning, and would be a legal nonsense.

For a fuller understaning of what happens when a fixed term ends, 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?

Pixie5740

You mention another person named on the tenancy agreement. Do you have a joint tenancy with someone else then? Is this other person also planning on leaving on or before 31st August?

Bored

Pixie5740 wrote: »

You mention another person named on the tenancy agreement. Do you have a joint tenancy with someone else then? Is this other person also planning on leaving on or before 31st August?

Yes, there is one other person on the lease. I don't know whether she plans to stay or not.

DandelionPatrol

Bored wrote: »

Yes, there is one other person on the lease. I don't know whether she plans to stay or not.

???? Does she know you are leaving?