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Ending a fixed term residential tenancy

Hi

I have a fixed term tenancy

I would like to ensure the tenant and my liability with it ends on the expiry date, which us about six months away.

How soon can I serve notice to ensure the tenancy ends on that date?

Do I have to wait or can I serve it now, to end six months away?

What form does the notice have to take?

Thanks

Comments

  • marksoton
    marksoton Posts: 17,516 Forumite
    Hi

    I have a fixed term tenancy

    I would like to ensure the tenant and my liability with it ends on the expiry date, which us about six months away.

    How soon can I serve notice to ensure the tenancy ends on that date?

    Do I have to wait or can I serve it now, to end six months away?

    What form does the notice have to take?

    Thanks

    Are you the tenant or the landlord?
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    edited 10 April 2016 at 2:48PM
    When did the tenancy start?

    How long is the fixed term?

    A S21 Notice is required. Note that there are various requirements in order for it to be valid.

    if the tenancy started after 1/10/15, a S21 Notice cannot be served on the tenant during the first 4 months.

    If the tenancy started before that date, a S21 can be served at any time.

    Note that even serving a S21 does not end the tenancy. Only a court, or the tenant, can do that, the landlord cannot.

    * 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?



    Topics covered:

    * Repairing Obligations, (draft in progress to include new 1/10/15 rules banning retaliatory eviction)

    * Deposits:
    payment, protection and return

    * 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?

    * Rent increases: when & how can rent be increased?

    * Repossession: what if a LL's mortgage lender repossesses the property?

    * New landlords: advice, information & links

    * Letting agents: how should a landlord select or sack?
  • theartfullodger
    theartfullodger Posts: 15,715 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 10 April 2016 at 2:45PM
    Hi

    I have a fixed term tenancy

    I would like to ensure the tenant and my liability with it ends on the expiry date, which us about six months away....... ....
    Assuming you are the landlord you cannot "ensure" tenancy ends at end date. Tenant has an absolute right to continue as periodic.

    However you also have an absolute right to serve s21 (when conditions satisfied) and eventually end tenancy after notice, court action, bailiff.

    If 6 months away do I guess at a tenancy that started after 01/10/2015?? If so have you served GSC, EPC & "How to Rent" booklet on tenant & protected any deposit & served PI within 30 days of payment?? If no any s21 will be invalid.

    Done any training in how to be a landlord?

    However, if tenant you can leave any time before end of fixed term without giving any notice: It might be polite to do so, mind.

    Cheers
  • I'm the tenant

    I want to ensure the tenancy ends enter the year fixed term.

    I'm looking at jobs abroad and want to ensure my liability ends at the end if the fixed term.

    The fixed term was a year and there's about six months left to run. My question is can I serve notice now yo ensure the tenancy ends in six months or do I have to wait until say two months before the end of the fixed term?

    It's just that I might be out if the country by then you see.

    Also what form of notice is required for me to serve on the landlord, can I send him an email and him accept it? He's an ok guy
  • Guest101
    Guest101 Posts: 15,764 Forumite
    I'm the tenant

    I want to ensure the tenancy ends enter the year fixed term.

    I'm looking at jobs abroad and want to ensure my liability ends at the end if the fixed term.

    The fixed term was a year and there's about six months left to run. My question is can I serve notice now yo ensure the tenancy ends in six months or do I have to wait until say two months before the end of the fixed term?

    It's just that I might be out if the country by then you see.

    Also what form of notice is required for me to serve on the landlord, can I send him an email and him accept it? He's an ok guy


    As long as you move out, it ends by law.


    No notice, no anything official. By all means let the LL know so they can plan accordingly, they may even offer you an early termination or rent reduction for viewings
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    Did you read the link above?

    For a tenant to end a tenancy with the expiry of the fixed term you need to

    * move out and
    * return the keys

    No notice is required. It's a fixed term contract so when the end date arries the contract ends.

    It is useful, helpful, and polite to discuss with the lanldord in advance however. If email is your usual method of communication with the LL, then that's fine.
    Do I have to wait or can I serve it now, to end six months away?
    It seems a bit early to be discussing practicalities like handing back keys.......
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