AST Fixed Term leaving at the end

danieljjones477

My Fixed Term AST (12months) is coming to an end in 3 weeks. I presumed that when it came to the end I could just leave..

I gave notice to the letting agency today and they said that I had to give notice (1 month) before leaving. I checked the contract and sure enough - a mutual break clause. 

“Any time after five months of the initial fixed Term of this tenancy (or after a similar period

following a fixed Term extension to the original tenancy) either party may invoke this break clause by providing a minimum of one calendar month’s written notice to the other (such notice to expire on the last day of a rental period of the tenancy).”  

How can I get out of this as I am looking to relocate after my contract runs out on August 1st. Many interpretations on the internet, with both break clauses are law, to break clause are unlawful and unenforceable. 

tacpot12

You don’t need to give notice to say you wiII be leaving on the last day of your fixed term, unless your tenancy agreement says you have to. The break clause doesn't apply, because you are not breaking the tenancy, it is ending. It is good practice to give notice, and ideally to do so with as much notice as you can give. 

Is there anything else in the tenancy agreement that says you have to give notice if you don't want the tenancy to become a periodic tenancy? 

Your question about break clause legality is immaterial because you are not replying on the break clause at all. (But normally break clauses are held as legally binding provided they are fair to the tenant).