Notice at the end of Fixed term contract

BurnCK

Hi,

I have an AST that runs until 1st January 2020. I called Thornley Groves to ask about notice as I've seen a property I want that's available at the end of December.
Thornley Groves said I need to give 2 months notice, however I thought there was no notice period at the end of the fixed term?
I have checked my AST and under the notices section it doesn't specify any notice period other than the notice required if I let it become a Periodic contract.
Can anyone advise please? Obviously I would want to give them a months notice, but if it's 2 months it'll prevent me from moving at the end of Dec as I don't want to pay double rent for a month.

Also, my payment date is the 25th of each month rather than the 1st (this is due to the fact that at the end of my last fixed term we left it on periodic for a while to avoid the agents renewal fees. We re-signed after fees were banned). Would a month's notice be from 1st Dec or 25th Nov?

Thanks

need_an_answer

Your notice period should coincide with the start date of your tenancy,however if you are not planning on staying once the AST expires you can move out technically without giving notice as you are leaving at the end of the fixed term and no extension of the tenancy is required.
its courteous to let the agent know of your intention to leave at the end of the tenancy...and advisable but technically you could just pack up and leave.

BurnCK

Thanks, so the 2 months they stated is incorrect?

I found this on the Shelter website:

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.

Does that mean notice period IS required? The bit in bold confuses me. Like I said, I want to give a full months notice but they said it's 2 months.

SusieT

BurnCK wrote: »

Thanks, so the 2 months they stated is incorrect?

I found this on the Shelter website:



Does that mean notice period IS required? The bit in bold confuses me. Like I said, I want to give a full months notice but they said it's 2 months.

Does your contract have that clause in it?

G_M

need_an_answer wrote: »

Your notice period should coincide with the start date of your tenancy
This is a generalisation and is not always the case.
And in this instance does not apply.

,however if you are not planning on staying once the AST expires you can move out technically without giving notice as you are leaving at the end of the fixed term
Correct

and no extension of the tenancy is required.
its courteous to let the agent know of your intention to leave at the end of the tenancy...and advisable but technically you could just pack up and leave.

Yes.

A fixed term contract is just that- fixed. It has an end date, and provided the tenant leaves, the contract ends.

Some contracts have clauses requiring notice to be served before the end of the fixed term - these would not affect the ending of the contract, but could result in the landlord claiming for any loss he incurred as a result of the tenant breaching that clause.

So, for example, if the tenant gave no notice, and the landlord could prove that as a result he was unable to grant a new tenancy to a new tenant who was waiting and available, then the LL could claim compensation for the lost rent. But that would not affect the ending of the tenant's existing tenancy.

But that does not appear to apply to you:

it doesn't specify any notice period other than the notice required if I let it become a Periodic contract.

* 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?

BurnCK

SusieT wrote: »

Does your contract have that clause in it?

Well it does say that when the AST ends it will automatically become Periodic, but that's standard right? The only mention in the contract about notice period is regarding Periodic, which states 28 days.

I've taken a screenshot of that section of the contract:

https://imgur.com/a/hSlmhwr

G_M

Section 4 applies to a periodic tenancy. You are in a fixed term tenancy
("I have an AST that runs until 1st January 2020")


A fixed term contract is just that- fixed. It has an end date, and provided the tenant leaves, the contract ends.

Some contracts have clauses requiring notice to be served before the end of the fixed term - these would not affect the ending of the contract, but could result in the landlord claiming for any loss he incurred as a result of the tenant breaching that clause.

BurnCK

Ok thanks. I just wanted to be sure as I've asked Thornley Groves twice now and they've said 2 months each time. I've been over the contract with a fine comb and can't see any reference to notice period other than the screenshot I posted. I've had them try it on before with me when they tried to get me to renew before the ban on tenancy fees came in, so I don't trust a word they say.

I have read the following on quite a few websites:

Tenants need to carefully check the terminology used in the tenancy agreement to express the length of the tenancy. It is now more common for a tenancy agreement will state that the contract is fixed term for a specified period and periodic thereafter. In such instances it would be arguable that the tenancy has not determined, or conclusively ended, at the end of the fixed term and as such the tenant will be required to provide adequate notice to quit.

Is that something to be concerned about? I just don't want the agent to try and make me liable for additional rent or withhold my deposit.

phoenix1837

I would just give notice on the 1st Dec that I was leaving at the end of the fixed term i.e on the 1st Jan