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Letting Agent forced me to give notice and pay beyond my AST fixed term

I moved out of a property 2 weeks early and intended for my tenancy to end at the end of the fixed term; the letting agent then contacted me after the new agent contacted them for references.

I was asked,"your new letting agent contacted us for references but you haven't given us notice of leaving..."

I said that I wanted it to end on 16th October, the end of the fixed term.

According to various sources online I am not required to give notice to leave at the end of a fixed term, but the landlord demanded I pay for a month starting at the date of that call.

"Thank you for your email.


The final date of your tenancy has to be 26th October as one months written notice is required and rent will be due until this date.


Can you please revise the notice to vacate form and re-send this to me."

I was busy at work so didn't have time to think this through and just did as asked; am I correct in thinking this was against the Housing Act and can I reclaim my overpaid rent?

The agent is also charging excessively in my deposit claim, as is standard
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Comments

  • csgohan4
    csgohan4 Posts: 10,600 Forumite
    Ninth Anniversary 10,000 Posts Name Dropper Photogenic
    What are your various sources online?


    You didn't give notice, the Agent cannot read your mind
    "It is prudent when shopping for something important, not to limit yourself to Pound land/Estate Agents"

    G_M/ Bowlhead99 RIP
  • Jskaar
    Jskaar Posts: 11 Forumite
    Please only reply with sourced and referenced information, less the attitude. Thanks.

    According to the Bristol Council:

    "The Office of Fair Trading
    is likely to disapprove of a clause requiring a tenant to give notice to leave on the
    last day of the fixed term, because the last day of the fixed term has already
    been agreed by contract."
  • csgohan4 wrote: »
    What are your various sources online?


    You didn't give notice, the Agent cannot read your mind

    He doesn't need to give notice his tenancy is ending.
  • Marvel1
    Marvel1 Posts: 7,447 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    edited 3 November 2018 at 8:49AM
    Regarding deposit:
    https://forums.moneysavingexpert.com/showpost.php?p=67759912&postcount=3
    csgohan4 wrote: »
    What are your various sources online?


    You didn't give notice, the Agent cannot read your mind

    G_M's post: Ending/renewing an AST:
    https://forums.moneysavingexpert.com/showpost.php?p=67759913&postcount=4

    Unless I'm reading it wrong.
  • Pixie5740
    Pixie5740 Posts: 14,515 Forumite
    10,000 Posts Eighth Anniversary Name Dropper Photogenic
    Did your tenancy agreement say anything about giving notice to leave at the end of the fixed term?

    Have you complained to the letting agent using their official complaints process?
  • Jskaar
    Jskaar Posts: 11 Forumite
    Pixie5740 wrote: »
    Did your tenancy agreement say anything about giving notice to leave at the end of the fixed term?

    Have you complained to the letting agent using their official complaints process?

    imgur.com/FgJctwO.png

    I have reserved my complaint until I am sure of where I stand, and whether I am entitled to a refund of the extra payment. I am not confident the letting agent will act in a reasonable manner.
  • Pixie5740
    Pixie5740 Posts: 14,515 Forumite
    10,000 Posts Eighth Anniversary Name Dropper Photogenic
    Jskaar wrote: »
    imgur.com/FgJctwO.png

    I have reserved my complaint until I am sure of where I stand, and whether I am entitled to a refund of the extra payment. I am not confident the letting agent will act in a reasonable manner.

    I can't view that link you have posted. If there is a clause requiring notice the please quote it in full.
  • Marvel1
    Marvel1 Posts: 7,447 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Jskaar wrote: »
    imgur.com/FgJctwO.png

    https://imgur.com/FgJctwO
  • Jskaar
    Jskaar Posts: 11 Forumite
    Pixie5740 wrote: »
    I can't view that link you have posted. If there is a clause requiring notice the please quote it in full.

    If, at the end of this time, you stay in the property the tenancy will continue as a statutory periodic tenancy. The periods of this tenancy will depend on the periods for which you pay rent. You must give at least four weeks (or a month if you pay rent monthly) notice to end it. The notice must end on the last day of a tenancy period.
  • Pixie5740
    Pixie5740 Posts: 14,515 Forumite
    10,000 Posts Eighth Anniversary Name Dropper Photogenic
    That is it's quoting the notice to end the SPT and has nothing to do with the fixed term. As long as you vacated the property by the end of the fixed term that should have been the end of it. Complain to the letting agency and follow up with the redress scheme if necessary.
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