Tenancy Law - Landlord thinks he is above the law

muhandis

Very interesting blogs on this very issue -

https://www.landlordlawblog.co.uk/2012/04/19/must-tenants-give-notice-to-leave-at-the-end-of-the-fixed-term/

https://www.landlordlawblog.co.uk/2010/04/10/tenants-notice-to-leave-at-the-end-of-the-fixed-term/

foxreymann

muhandis wrote: »

Very interesting blogs on this very issue -

https://www.landlordlawblog.co.uk/2012/04/19/must-tenants-give-notice-to-leave-at-the-end-of-the-fixed-term/

https://www.landlordlawblog.co.uk/2010/04/10/tenants-notice-to-leave-at-the-end-of-the-fixed-term/

Wow, thank you, I've read both blog posts on one breath.

Now confusingly my conveyancer just replied to me that I've to stay till the end of September.

sal_III

The correct way to handle this from a LL perspective would be to ask the tenant if he intends to leave the property at the end of the fixed term or renew the tenancy. If the tenant fails to respond, inform the tenant that the checkout is scheduled for the last day of the fixed term and they will be charged for it regardless, but if they confirm that they will stay now, the LL will cancel the checkout and wave the fee.

There isn't an easy way to plug the void if the tenant decides to live without notice at the end of the fixed term

muhandis

The OP's contract no doubt pre-dates the Tenant Fees Act 2019, but I guess this is no longer an option for LLs with new contracts?

sal_III wrote: »

inform the tenant that the checkout is scheduled for the last day of the fixed term and they will be charged for it regardless, but if they confirm that they will stay now, the LL will cancel the checkout and wave the fee.

grumiofoundation

sal_III wrote: »

The correct way to handle this from a LL perspective would be to ask the tenant if he intends to leave the property at the end of the fixed term or renew the tenancy. If the tenant fails to respond, inform the tenant that the checkout is scheduled for the last day of the fixed term and they will be charged for it regardless, but if they confirm that they will stay now, the LL will cancel the checkout and wave the fee.

There isn't an easy way to plug the void if the tenant decides to live without notice at the end of the fixed term

Doesn't actually solve your problem. Since the the tenant doesn't want to tell you what they are doing they don't have to.
They can simply stay in the property on a rolling contract.
Even if they do end up leaving on the final day you can't have anyone lined up to replace them since you don't know if they are leaving or not,

I suppose you can try and charge them for the "checkout" that wasn't a checkout...

need_an_answer

Checkout fees have now been banned so its only next years that would remain valid on contracts that were signed before 1st june this year.

Is it only agents who like fixed term contracts simply because of the pervious ability to rake in a charge...?
Personally as a LL after an initial fixed term I rather prefer rolling although I've got one set of tenants who for some reason want an annual contract...but they are young and followed the advice of their parents who told them its what you do...they've been with us for 4 years so its not as if we've any need to give them notice anyway.

muhandis

That's very interesting. I guess it depends on the area as well.

When we were renting in east London, after being turfed out at short notice twice (1st LL wanted to sell, the second wanted to convert to an HMO), we always preferred to be on a fixed contract even if it meant giving up some flexibility and paying exorbitant renewal fees.

Indeed, the last flat that we rented before buying was on an 18 month fix initially at our request.

need_an_answer wrote: »

Is it only agents who like fixed term contracts simply because of the pervious ability to rake in a charge...?
Personally as a LL after an initial fixed term I rather prefer rolling although I've got one set of tenants who for some reason want an annual contract...but they are young and followed the advice of their parents who told them its what you do...they've been with us for 4 years so its not as if we've any need to give them notice anyway.

Smodlet

The fact remains, private LLs have everything their own way, whatever they say; they know they will always regain their property eventually. The rich continue to become richer and the poor continue to become poorer purely to sustain the rich raking it in.

"Them that has, gets, them that has not shall lose,
So it says in the bible and it still is news..."

God bless the person who owns their own property.

gingercordial

foxreymann wrote: »

Me buying a house depends too much on work on conveyancers for me to give a notice. I'm meant to complete tomorrow but I'm still not sure if this is going to happen or not.

So have you actually exchanged yet? If you had the completion should be set in stone. Are you trying for same day exchange and completion?

If you have not yet exchanged things could still go wrong so it is for the best that you have not given notice to the landlord as you may still end up needing to stay! But fingers crossed for you that it all goes through tomorrow as planned.

foxreymann

gingercordial wrote: »

So have you actually exchanged yet?

I've completed and exchanged 1 hour ago. Going to pick up the keys in a few minutes.

Tomorrow I have to inform my LL about moving on the 4th of September. Still a bit scared but everybody says it is OK as the

Giving 1 month notice at the end of the fixed term

is illegal hence unenforceable.