End of 12 Month Tenancy contract/ notice period?

janko4

Hi all,

I am currently in a discussion with my landlord about the following.

I have signed a Assured Shorthold Tenancy over a 12 month term, the exact wording is:

A term certain of Twelve Months less one day from the commencement date 1st September 2017

There is no mention of a rolling tenancy anywhere in the contract. There is also no mention of any specific notice period regarding renewal/ not renewing the contract. It does, however, say the following:

The tenants must deal directly with the landlord should they wish to renew or extend this agreement.

I notified my landlord on 10th August that I do not wish to extend my contract and I would leave the property at the end of the month (contract duration 1/9/17 - 31/08/18).

However, the reply was that I did not give notice in accordance with the 2 month notice period which reads as follows:

The Tenant may bring the tenancy to an end at any time before the expiry of the Term (but not earlier than eight months from the commencement date or date of this agreement whichever shall be later by giving to the landlord not less than two months written notice.

In my understanding, this is only relevant in a situation where I want to bring the tenancy to an end before the 12 months?

However, the section goes on:

Please note: This is a fixed 6 month contract, which expires on the 28th Feb 2018. There is no break clause in this contract

This part is something that I do not understand. I did pay for the first 6 months up-front because they could not do credit checks as I moved to the UK from another country.

Currently, my landlord insists that I have not given notice in time but at the same time has offered to reduce the notice period to 1 month. I.e. he asks me to pay for one further month (the whole of September) and he would then release me from the contract.
I do think I am in the right here but I am not sure how to proceed. Withholding the September payment could end up much more expensive with lawyers/potentially going to court. I am thinking about just sucking it up and paying this additional month but this would quite painful financially. Do you have any recommendations as to what my next steps should be?

I hope my explanation of this situation makes sense, many thanks!

rexmedorum

If the tenancy agreement is silent on tenant notice within the fixed term, the tenant is entitled to simply leave on the last day of the term.

https://www.gosschalks.co.uk/blog/2017/11/23/how-to-end-an-assured-shorthold-tenancy-notice-by-tenants

HampshireH

Sounds like you need to clarify whether it is a 6 month or 12 month contract 1st as the answer will be different.

G_M

janko4 wrote: »

I have signed a Assured Shorthold Tenancy over a 12 month term, the exact wording is:

A term certain of Twelve Months less one day from the commencement date 1st September 2017

So that is clear. Your tenancy will expire on 30th August unless either
1) you remain in occupation or
2) you and the LL agree/sign a renewal

There is no mention of a rolling tenancy anywhere in the contract. There is also no mention of any specific notice period regarding renewal/ not renewing the contract. It does, however, say the following:

The tenants must deal directly with the landlord should they wish to renew or extend this agreement.

Pretty meaningless.Simply makes clear the LL does not employ an agent.

I notified my landlord on 10th August that I do not wish to extend my contract and I would leave the property at the end of the month (contract duration 1/9/17 - 31/08/18).
* Your notification was polite and helpful, but legally meaningless.
* Wrong: (contract duration 1/9/17 -[STRIKE] 31[/STRIKE] 30/08/18).

However, the reply was that I did not give notice in accordance with the 2 month notice period which reads as follows:

The Tenant may bring the tenancy to an end at any time before the expiry of the Term (but not earlier than eight months from the commencement date or date of this agreement whichever shall be later by giving to the landlord not less than two months written notice.

Irrelevant. This is a Break Clause to end the tenancy early. You are not ending the tenancy early. Ignore this clause.

In my understanding, this is only relevant in a situation where I want to bring the tenancy to an end before the 12 months?
Correct

However, the section goes on:

Please note: This is a fixed 6 month contract, which expires on the 28th Feb 2018. There is no break clause in this contract

Ignore.
If the wording of a sub-clause contradicts the wording of the fundamental contract, it is over-ridden. You have a tenancy of 12 months less 1 day.

This part is something that I do not understand. I did pay for the first 6 months up-front because they could not do credit checks as I moved to the UK from another country.
Irrelevant. (I assume you have been paying rent monthly since Feb?)

Currently, my landlord insists that I have not given notice in time but at the same time has offered to reduce the notice period to 1 month.
You do not need to give any notice at all.
Your tenancy is a fixed term. at the end of the fixed term, provided you move out, the tenancy will end (whether you 'serve notice' or not).

I.e. he asks me to pay for one further month (the whole of September) and he would then release me from the contract.
Ignore him. Vacate on/before the 30th August.
DO NOT STAY TILL THE 31ST OR YOU WILL CREATE A NEW STATUTORY PERIODIC TENANCY.. The 31st would be a 12 month tenancy- yours is 12 months less 1 day.

I do think I am in the right here but I am not sure how to proceed. Withholding the September payment could end up much more expensive with lawyers/potentially going to court. I am thinking about just sucking it up and paying this additional month but this would quite painful financially. Do you have any recommendations as to what my next steps should be?

Do not pay rent for September. You will simply have a protracted fight to get it returned.
Move out on the 30th August.


If /when the LL demands further rent, ignore.
If/wen the LL retains rent from your deposit, dispute it via the protection scheme (the deposit IS protected, yes?)

janko4

Thanks a lot for your (very detailed) responses. The deposit is secured, so hopefully no problems there. Your insight eases my mind a lot.

I will now just have to find a way to communicate this and explain so they accept, otherwise this could get ugly I suppose.

G_M

It's not your job to explain property law to the landlord.
You have politely forewarned him of your intention to leave at the end of the fixed term
Now simply leave.
Then write immediately requesting your deposit.
Any issues the LL raises at that point, you deal with as they arise.

Pointless getting into an argument now.