Ending Tenancy Without Notice

keyaziz

I am in a 6 month tenancy agreement contract. The landlord has been nothing but a nuisance, so I want to leave at the end of the 6 months and just hand the keys back on the last day of the contract.


I have read on this forum that you can just do that but my contract says


"Both parties shall have the right terminate the tenancy at the end of the first 6 month period by giving not less than 2 months notice including if you wish to leave on the last day of the tenancy"


The contract also specifies an end date.



So does that mean I have to give notice?


I know it sounds petty leaving at the end of my 6 month contract but this landlord has been nothing but a nuisance. The day I moved in he showed up and hes been in and out of my garden ever since. The letting agency can't do anything about it - he continues. He doesn't even knock. I've only been here 2 months.


If I have to, obviously I will but will have to tell everyone who views the property to be aware of this annoying landlord. It's a shame as I have always had really good landlords up until this point.

Pixie5740

keyaziz wrote: »

I am in a 6 month tenancy agreement contract. The landlord has been nothing but a nuisance, so I want to leave at the end of the 6 months and just hand the keys back on the last day of the contract.


I have read on this forum that you can just do that but my contract says


"Both parties shall have the right terminate the tenancy at the end of the first 6 month period by giving not less than 2 months notice including if you wish to leave on the last day of the tenancy"


The contract also specifies an end date.



So does that mean I have to give notice?


I know it sounds petty leaving at the end of my 6 month contract but this landlord has been nothing but a nuisance. The day I moved in he showed up and hes been in and out of my garden ever since. The letting agency can't do anything about it - he continues. He doesn't even knock. I've only been here 2 months.


If I have to, obviously I will but will have to tell everyone who views the property to be aware of this annoying landlord. It's a shame as I have always had really good landlords up until this point.

Assuming this is an AST then you can indeed leave at the end of the fixed term without giving written/formal notice.

Read G_M's guide to Ending/Renewing an AST for more information.

TamsinC

personally I'd give notice - it's not petty to leave, and its good manners to give notice.

theartfullodger

Give notice: Basically landlord could sue for breach of contract/his extra costs, but this issue has yet to be tested in the courts: See
http://england.shelter.org.uk/legal/security_of_tenure/assured_shorthold_tenancies/ending_an_assured_shorthold_tenancy/how_to_end_an_assured_shorthold_tenancy#0

Leaving on the last day

The general rule is that the tenant can leave on the last day of a fixed-term tenancy without giving notice, and this will end the tenancy.[2] If the tenant remains even a day longer than the last day of a fixed-term tenancy, a statutory periodic assured tenancy will arise, which the tenant can end by serving a valid notice to quit.


Contractual periodic tenancy arising at the end of fixed term

Where the tenancy agreement contains a clause providing that a periodic tenancy will arise immediately on expiry of the fixed term, a contractual periodic tenancy that arises will be a continuation of the original tenancy. In this circumstance, the tenant cannot end the tenancy by leaving on the last day of the fixed-term agreement. To end the tenancy, the tenant must serve a valid notice to quit after the date on which the fixed term ends.

Clause requiring that landlord is informed of intention to leave


A clause in the tenancy agreement may require the tenant to inform the landlord if s/he intends to leave on the last day of a fixed term. If the tenant fails to inform the landlord in accordance with the agreement, the landlord may be able to argue that s/he has suffered a loss and/or incurred extra costs as a consequence.
The now archived Guidance on Unfair terms in tenancy agreements had suggested that any contractual term requiring the tenant to give notice to terminate the tenancy at the end of the fixed term would be unfair and thus unenforceable.[3] This position has not been tested in the courts.

lynsayjane

Landlord may be in breach of tenancy agreement. When I was leading my flat there was a clause that tenant had peace (can't recall exact wording!) to live there and eith exception of emergency would be notified of visits.

keyaziz

I absolutely do not care about having good manners. I do care about being on the wrong side of the law though.

The Landlord just comes around whenever he wants..doesn't knock (as he walked past my bedroom window (bungalow) and was doing gardening!), he doesn't let me know in advance of anything. I have gone at most a few days without seeing him since moving in.

lynsayjane wrote: »

Landlord may be in breach of tenancy agreement. When I was leading my flat there was a clause that tenant had peace (can't recall exact wording!) to live there and eith exception of emergency would be notified of visits.

What can you do though?

The letting agency he goes through he pays for a full package - which means they are suppose to do everything. They have told me that they have spoken to him several times and that he did this with previous tenants as well. They find it difficult to manage his property based on the package he pays for as he tends to just do his own hting.

lynsayjane

If you have a privacy line in your contract is be tempted to speak to CAB about what you can do. If he is breaking the terms of the lease then there must be some recourse.

TamsinC

keyaziz wrote: »

I absolutely do not care about having good manners. I do care about being on the wrong side of the law though.

A pity - good manners costeth nothing and then you have the moral high ground too. But for me as a layperson, your contract says you should give notice, so JUST IN CASE this causes a problem, give notice. For me, personally, knowing that clause was written in, whether it's legal to just walk away or not, would cause all kinds of anxiety for those last 2 months and once I walked away worrying that there would be some kind of comeuppance for doing so for a good few months afterwards. Also you might need a reference from you current agents for the next place and if you just up and walk they may not provide a decent one, or only an honest one ('person X left without giving notice') .

G_M

artful has outlined the legal posittion regardng notice. What you decide is up to you.


regarding the LL's behavior


1) have you written to him (not the agent), politely expressing your concern, and stressing your right to Quiet Enjoyment?


2) is it just the garden he accesses, or does he come into the property?


3) if just the garden, why? Is he doing gardening? What does the tenancy agreement say about garden maintenance (if anything)?


4) if he accesses the property, have you changed the locks? Why not?

keyaziz

G_M wrote: »

artful has outlined the legal posittion regardng notice. What you decide is up to you.


regarding the LL's behavior


1) have you written to him (not the agent), politely expressing your concern, and stressing your right to Quiet Enjoyment?
Yes.

2) is it just the garden he accesses, or does he come into the property?
He accesses the garden and front. As a result I sorted the lock on my door in fear he would just come in. I have also bolted the back gate now to stop it but it doesn't stop him going round the front. I also have differing workmen knock on my door for doing things in the garden etc too.


Which might seem ok but when I relayed a message from the neighbour about the fence falling into her garden and that she wanted to know when it would be fixed (she'd told the previous tenants too) - he was rude and said it will get done when its done.




3) if just the garden, why? Is he doing gardening? What does the tenancy agreement say about garden maintenance (if anything)?

The garden is for me to maintain. I don't really know what he is doing to be honest. Neither does the letting agents.

4) if he accesses the property, have you changed the locks? Why not?


Yes

I've calmed down so will probably give notice - I assume that a month is ok even though they are trying to force 2?



Thanks for the help everyone.

TamsinC

keyaziz wrote: »

I've calmed down so will probably give notice - I assume that a month is ok even though they are trying to force 2?



Thanks for the help everyone.

Why not give 2? It says 2 in the contract? Why only give one? What does it achieve? You've only been there 2 months it's not like you are pushed for time. Assumptions can backfire.