Notice to end fixed term tenancy

apjc33

Thanks Pixie5740, however we've already told them that (concisely, as you say) and their response has been to tell us we need to give 2 months notice and will be charged up until that point so I'm looking at a secondary response.

I'll try and give Shelter a call to see what they think, thanks for everyone's help!

Pixie5740

Phone Shelter if you wish but providing this is indeed an AST in England or Wales then Shelter will just confirm what you've already been told.

Pixie5740

You could always just say nothing and leave at the end of the fixed term. Another option would be to bypass the letting agent and contact the landlord directly.

Guest101

apjc33 wrote: »

Thanks Pixie5740, however we've already told them that (concisely, as you say) and their response has been to tell us we need to give 2 months notice and will be charged up until that point so I'm looking at a secondary response.

I'll try and give Shelter a call to see what they think, thanks for everyone's help!

Dear LL,


Any debt for rent beyond 6th March is disputed, as such we look forward to receiving your small claims application.


Kind regards

G_M

* clause 12.4 is a poorly worded 'Break Clause'. It allows either party to end the tenancy early ie after 6 months but before the 12 month term expires.

* sending long-winded reply is pointless, and will result in yet another long-winded response, ad infinitum.

* either do not reply at all, or simply:

Dear Mr Landlord,

Further to our earlier correspondance, this is to informally advise you that I do not at present envisage remaining in occupation (that leaves your options open!) on expiry of my current contract. If my crcumstances change I will let you know.

Yours sincerely

apjc33

Thanks, I sent a very brief response - not the long winded version. She is just responding saying that clause requires me to give notice, our leave date needs to be a month later (than the end of our 12 month term). I'm going to leave it now - I've made it clear we are leaving, we're not renewing or entering into a periodic tenancy and I've requested a check-out appt for inventory for the date we're leaving.

Shelter advised they can try to claim the rent through the deposit protection scheme or small claims but we'd be able to argue that because of the OFT advice and badly worded clause (which yes, is a break clause).

Think they're trying to grab as much ££ as possible as they didn't expect us to leave and wanted us to stay month to month to help while the landlord sold it but with 7 weeks they've got plenty of time to re-let, flats here go in days.

Miss_Samantha

Hi apjc33,

Are you sure that your tenancy is indeed a fixed term tenancy?

Guest101

apjc33 wrote: »

Thanks, I sent a very brief response - not the long winded version. She is just responding saying that clause requires me to give notice, our leave date needs to be a month later (than the end of our 12 month term). I'm going to leave it now - I've made it clear we are leaving, we're not renewing or entering into a periodic tenancy and I've requested a check-out appt for inventory for the date we're leaving.

Shelter advised they can try to claim the rent through the deposit protection scheme or small claims but we'd be able to argue that because of the OFT advice and badly worded clause (which yes, is a break clause).

Think they're trying to grab as much ££ as possible as they didn't expect us to leave and wanted us to stay month to month to help while the landlord sold it but with 7 weeks they've got plenty of time to re-let, flats here go in days.

Dear Agent / LL,


I refer you to the reply given in arkell vs pressdram.


Further, I require 24 hours written notice for any and all viewings you intend to carry out.


Further I remove your right to contact me by any means other then posted letter.


Kind regards....

G_M

apjc33 wrote: »

Thanks, I sent a very brief response - not the long winded version. She is just responding saying that clause requires me to give notice, our leave date needs to be a month later (than the end of our 12 month term). I'm going to leave it now -

Quite right.

Just ignore.

You'll get a follow-up shortly (tomorrow? Next week?) but unless it adds something new and relevant (eg details for handing back keys which you aknowledge and thank them for) you continue to ignore.

Move out on 6th March (NB not 7th!) and make a claim for deposit.

HappyMJ

6th March is a Sunday so find out the procedure for returning keys on a non business day.