Terminating an Assured Shorthold tenancy agreement

Gotkeys

dimbo61 said:

Surprised the LL has not already been in contact to Ask do you want to continue living in the property after the fixed term.
I read on here so many times about Tenants being tied into 12/24 and even 36 months fixed term contracts and desperate to break the contract and leave early.
A 6 months contact is the shortest fixed term normally due to section 21 requirements.
Why would you not inform the LL so he/she can at least start to market the place ?
Thousands of people desperate for a decent place to live.
The LL can have trades lined up to carry out any repairs/upgrades or replacement works.
GSC, EICR, Pat testing, EPC while the property is empty.
Please make sure you inform the energy provider your moving out ! 
Read the meters and take photos which you can send to the LL/LA.
Inform the council tax people or your still responsible  that you have moved out.
Redirect the mail for 6/12 months 

Thank you, I will be sure to update all the relevent bodies when we move.

We're actually renovating a property so are renting whilst we do that. I'm hoping it will be ready to move into in September, but don't want to give notice in August in case it's not. If it's not then I will give notice in September to move out the following month.

Rightly or wrongly I'm quite happy to not let the letting agent know for as long as possible. The longer I can avoid fitting in prospective tenant viewings around shift work, an angry toddler and covid the better!

Annabee

Fair enough 

GDB2222

I'm surprised how definite people have been about what the tenancy agreement says, without even reading it.  Hopefully, they are right.

Personally, regardless of anything else, I'd discuss this with the landlord. It just seems the reasonable thing to do. Plus, if it turns out that you need an extra week, he may agree to just charging rent for a week.  

Gavin83

Slithery said:

Booge said:

GrumpyDil - and where does it say that giving notice only applies once the continuation has kicked in?

It doesn't have to, it's the law. The clue is in the name 'fixed-term', the tenancy ends automatically when the term ends unless the tenant decides not to leave.

Read...

Ending/renewing an AST

Well CAB disagree with you:

https://www.citizensadvice.org.uk/housing/renting-privately/ending-your-tenancy/ending-your-tenancy/

See section: Leaving when your fixed term tenancy ends

As do Shelter: https://england.shelter.org.uk/professional_resources/legal/renting/how_a_tenant_can_end_a_tenancy/tenant_ends_an_assured_shorthold_tenancy

See section: Contractual periodic tenancy arising at the end of fixed term

Given the wording on the contract as mentioned in the original post I’d say the above would apply.

Slithery

Gavin83 said:

Slithery said:

Booge said:

GrumpyDil - and where does it say that giving notice only applies once the continuation has kicked in?

It doesn't have to, it's the law. The clue is in the name 'fixed-term', the tenancy ends automatically when the term ends unless the tenant decides not to leave.

Read...

Ending/renewing an AST

Well CAB disagree with you:

https://www.citizensadvice.org.uk/housing/renting-privately/ending-your-tenancy/ending-your-tenancy/

See section: Leaving when your fixed term tenancy ends

As do Shelter: https://england.shelter.org.uk/professional_resources/legal/renting/how_a_tenant_can_end_a_tenancy/tenant_ends_an_assured_shorthold_tenancy

See section: Contractual periodic tenancy arising at the end of fixed term

Given the wording on the contract as mentioned in the original post I’d say the above would apply.

Both of those links agree with me completely...

No notice is needed if you leave at the end of the fixed term.

GDB2222

Slithery said:

Gavin83 said:

Slithery said:

Booge said:

GrumpyDil - and where does it say that giving notice only applies once the continuation has kicked in?

It doesn't have to, it's the law. The clue is in the name 'fixed-term', the tenancy ends automatically when the term ends unless the tenant decides not to leave.

Read...

Ending/renewing an AST

Well CAB disagree with you:

https://www.citizensadvice.org.uk/housing/renting-privately/ending-your-tenancy/ending-your-tenancy/

See section: Leaving when your fixed term tenancy ends

As do Shelter: https://england.shelter.org.uk/professional_resources/legal/renting/how_a_tenant_can_end_a_tenancy/tenant_ends_an_assured_shorthold_tenancy

See section: Contractual periodic tenancy arising at the end of fixed term

Given the wording on the contract as mentioned in the original post I’d say the above would apply.

Both of those links agree with me completely...

No notice is needed if you leave at the end of the fixed term.

Why do you say that? The CAB site appears to contradict you:

"Fixed term tenancy

You have to pay your rent until at least the end of your fixed term. You might need to pay rent after your fixed term if you:

• stay in the property
• don’t give notice in the correct way - this will depend on the type of tenancy you have and what your tenancy agreement says"

That bit clearly doesn't say "No notice is needed if you leave at the end of the fixed term."  Is there some other bit that I haven't read, perhaps?


I haven't looked at the Shelter site. Could you point us to the exact wording?

Whilst I am sure that winning an argument is jolly important, and all that, I think it's more important not to risk misleading the OP and costing him a load of money. 

Gavin83

GDB2222 said:

Slithery said:

Gavin83 said:

Slithery said:

Booge said:

GrumpyDil - and where does it say that giving notice only applies once the continuation has kicked in?

It doesn't have to, it's the law. The clue is in the name 'fixed-term', the tenancy ends automatically when the term ends unless the tenant decides not to leave.

Read...

Ending/renewing an AST

Well CAB disagree with you:

https://www.citizensadvice.org.uk/housing/renting-privately/ending-your-tenancy/ending-your-tenancy/

See section: Leaving when your fixed term tenancy ends

As do Shelter: https://england.shelter.org.uk/professional_resources/legal/renting/how_a_tenant_can_end_a_tenancy/tenant_ends_an_assured_shorthold_tenancy

See section: Contractual periodic tenancy arising at the end of fixed term

Given the wording on the contract as mentioned in the original post I’d say the above would apply.

Both of those links agree with me completely...

No notice is needed if you leave at the end of the fixed term.

Why do you say that? The CAB site appears to contradict you:

"Fixed term tenancy

You have to pay your rent until at least the end of your fixed term. You might need to pay rent after your fixed term if you:

• stay in the property
• don’t give notice in the correct way - this will depend on the type of tenancy you have and what your tenancy agreement says"

That bit clearly doesn't say "No notice is needed if you leave at the end of the fixed term."  Is there some other bit that I haven't read, perhaps?


I haven't looked at the Shelter site. Could you point us to the exact wording?

The Shelter site says:

"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."

To me that says you can leave on the last day of your fixed-term agreement unless the contact also includes a clause about the contract continuing on a periodic basis, in which case you need to serve notice regardless of when you leave. The OP's contract does appear to include this clause.

GrumpyDil

From the Shelter link "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."

Really not sure I agree that they are correct as the last sentence makes no sense at all. If you can't serve notice until 'after the date on which the fixed term ends' then that defeats the object of a fixed term tenancy having a defined end date.

In this case OP may or may not want to move out at the end of the tenancy so they can either discuss the situation with their landlord or not.

Slithery

From the Shelter page...

Tenant giving up a fixed term tenancy

A tenant can end a fixed term tenancy by:

• surrendering the tenancy

• giving notice (where there is a break clause)

• leaving on the last day

Gavin83

GrumpyDil said:

From the Shelter link "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."

Really not sure I agree that they are correct as the last sentence makes no sense at all. If you can't serve notice until 'after the date on which the fixed term ends' then that defeats the object of a fixed term tenancy having a defined end date.

In this case OP may or may not want to move out at the end of the tenancy so they can either discuss the situation with their landlord or not.

It isn't saying you can't give your month (or whatever) notice until after the end date, it's saying you can't serve notice to end before the end date and you have to see out your contract. However I do agree it's badly worded.

I do think it's a bit short sighted to dismiss what's presented on the Shelter website though. It is after all the website the Government themselves link to for further advice on the subject. Also, besides the opinions of a few random folk on a forum we haven't actually seen anything to discredit this.