Assured shorthold tenancy notice period requirement for end of tenancy

nomeni

Hi all, I've read a lot of conflicting things online about this. I'm currently signed on to an Assured Shorthold Teanancy Agrement with a minimum term of 12 months starting 1/10/2019. There is another note that says that the "tenants notice period which must be given in order to terminate the tenancy" is 3 months. In another section "if the tenant requires to terminate this agreement, the tenant must give written notice to the landlord and the period of notice shall not be less than the tenants notice period". 

My understanding is that once our minimum 12 month term is up (1/10/2020) the contract is now transfered to a periodic tenancy agreemnt (monthly payment of rent, month long notice period). I've just told my Landlord I intend to move out at the end of our tenancy (1/10/2020). My landlord believes that the three month notice period is required to terminate our agreement even if this extends past the end of the 12 months however I've read in a number of places that this may not be the case and that technically we could walk out on the last day and any notice is appreciated. 

Is someone able to point me in the direction of something solid/factual that I could use to discuss this with my landlord? Or if I'm wrong, happy to be corrected. 

Slithery

If you leave on or before 30/09/2020 then no notice is needed.

Read...
Ending/renewing an AST

MaryNB

Does your contract say you will be moved on to a periodic tenancy after the fixed term ends?
If no, it's a Statutory Periodic Tenancy and a month's notice is required.
If yes, it's a Contractual Periodic Tenancy and the notice is as per the contract.
https://england.shelter.org.uk/housing_advice/private_renting/ending_a_periodic_tenancy

Slithery

MaryNB said:

Does your contract say you will be moved on to a periodic tenancy after the fixed term ends?
If no, it's a Statutory Periodic Tenancy and a month's notice is required.
If yes, it's a Contractual Periodic Tenancy and the notice is as per the contract.
https://england.shelter.org.uk/housing_advice/private_renting/ending_a_periodic_tenancy

Irrelevant to the OP's question. It will only become an SPT or CPT if the tenant stays past the fixed term. The OP is planning on leaving before that happens (assuming they meant 30/09/2020 not 01/10/2020).

MaryNB

My bad! Should have read the first post properly.
Although it's my understanding that if notice is stated in the contract, it needs to be given even at the end of the fixed term. I will say I've never had anything other than a month's notice required and I've always given at least a month's notice even at the end of a fixed term contract.

https://www.citizensadvice.org.uk/housing/renting-privately/ending-your-tenancy/ending-your-tenancy/
"You don’t need to give notice to say you’II be leaving on the last day of your fixed term, unless your tenancy agreement says you have to."

theartfullodger

Slithery said:

If you leave on or before 30/09/2020 then no notice is needed.

Read...
Ending/renewing an AST

Agreed.

Stupid Landlord, rubbish unenforceable AST.

Artful: Landlord since 2000

nomeni

Thanks all, really appreciate the responses. I've come to a mutual agreement with the Landlord that works for us both but it really helps to know where I stand 

Comms69

MaryNB said:

My bad! Should have read the first post properly.
Although it's my understanding that if notice is stated in the contract, it needs to be given even at the end of the fixed term. I will say I've never had anything other than a month's notice required and I've always given at least a month's notice even at the end of a fixed term contract.

https://www.citizensadvice.org.uk/housing/renting-privately/ending-your-tenancy/ending-your-tenancy/
"You don’t need to give notice to say you’II be leaving on the last day of your fixed term, unless your tenancy agreement says you have to."

CAB is woeful for actual advice...

greatcrested

Careful!

Your tenancy started on 1/10/19 for 12 months, so it will end on 30/9/20. NOT 1/10/20.

If you stay till 1/10/20 you will create a contractual periodic tenancy requiring 3 months notice, taking you to 30/12/20 !!!!!

Assuming you leave on/before 30/9/20 you do not need to serve notice to end the tenancy on that date.

However, your contract requires 3 months notice so if you do not serve that notice, in theory the landlord could claim (via the courts if necessary) for any costs/losses he incurs as a direct result of not getting the notice. Typically this might be lost income as a result of not having a new tenant ready and waiting.

Having said that,I've never heard of a successful claim like this, since

a) LLs don't tend to sue for this and (or because)

b) they could almost never prove they would have had a tenant lined up and ready had they received the notice.

But the lack of this notice does not affect the fact that the tenancy ends automatically after 12 months. That's what a 'fixed term' means.