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Do I need to give notice?

MHaines
Posts: 1 Newbie
I am in a fixed term agreement with our landlord which ends on 30th June 2021 and have just advised the landlords that we will no longer be living in the property from this date.
However, our landlord is saying to me that we must give 28 days notice and therefore have to continue paying for next month even though that is when our fixed term ends and have not entered into a periodic tenancy.
I have read our contract multiple times and I just don't see how they are right.
This is the wording on our contract.
Term For the term of 30th June 2020- 30th June 2021 and thereafter shall continue as a Month contractual periodic tenancy on the same terms and conditions until terminated by either party. See note 8.
[Note 8]
Where the tenancy becomes a periodic tenancy at the end of the fixed term period the tenant is required to give at least 28 days’ notice (or one month in the case of a monthly tenancy) in writing to end the tenancy.
In my opinion (I'm no solicitor) I feel as though I am right and they are wrong but wanted to try and get some advice?
However, our landlord is saying to me that we must give 28 days notice and therefore have to continue paying for next month even though that is when our fixed term ends and have not entered into a periodic tenancy.
I have read our contract multiple times and I just don't see how they are right.
This is the wording on our contract.
Term For the term of 30th June 2020- 30th June 2021 and thereafter shall continue as a Month contractual periodic tenancy on the same terms and conditions until terminated by either party. See note 8.
[Note 8]
Where the tenancy becomes a periodic tenancy at the end of the fixed term period the tenant is required to give at least 28 days’ notice (or one month in the case of a monthly tenancy) in writing to end the tenancy.
In my opinion (I'm no solicitor) I feel as though I am right and they are wrong but wanted to try and get some advice?
0
Comments
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Looks like they messed up on the wording of the agreement. If it's not noted on the tenancy, you do not have to give notice to leave at the end of the fixed term.
From Citizens Advice:Leaving when your fixed term tenancy ends
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.
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A further note. If they continue disagree and try to deduct the rent they think they're owed from your deposit, claim it back directly from the deposit scheme where it is protected. Let them try argue their case with the scheme (which they won't do successfully if they haven't requested notice for the end of the fixed term in the agreement).1
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From what you've posted, it does read to me that you're not required to give notice at the end of the fixed term, only if you roll over onto a periodic tenancy do you need to give notice (28 days/1 month depending on the arrangement). As you've let the LL know you're not going to continue past the end of the fixed term I think you're okay on this one. Pay rent up until the end of the fixed term, vacate/return the keys and if the LL wants to chase you for ~2 weeks rent then let them.1
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No legal background but that reads to me that after the fixed term you will automatically go onto rolling monthly contract, which you then have to give notice on.28th April - MIP submitted and issued
23rd June - Offer Finally Accepted On A House!
23rd June - Full application submitted through broker
19th July - Mortgage offer received
23rd July - Draft contract received
26th July - Searches requested
2nd August - Survey completed0 -
You are correct. No notice is needed if you leave on or before the last day of your fixed term.0
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I think you are right but I suspect the landlord doesn't realise the agreement isn't right, because normally what they are claiming is written into the contract.1
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