Advice on ending tenancy

Mimi123456

saajan_12 said:

Mimi123456 said:

One worry I have remaining is that 2month notice clause in the extension addendum. - what 2 month notice clause? I thought it didn't say anything about notice after the fixed term? If it does, please quote. 

You likely have a right to stay beyond the fixed term (assuming the last contract doesn't consititute a mutual termination). However whether it makes sense for you to exercise this right depends on the contract. 

The contracts do not specify anything about what happens after fixed term.
the two month notice was in the original contract under the break clause
and also in the 3 month extension

Original contract:


Early termination notice under the 3month extension:

Not sure if in this case two months notice also applies when AST runs into periodic tenancy 

Slithery

Mimi123456 said:

The contracts do not specify anything about what happens after fixed term.

In which case if you don't leave the property then a SPT will automatically arise requiring one months notice to end aligning with the rental period.

If you only want to be liable for 1 months rent you must give notice on exactly the 14th of March to expire on the 14th April. Any earlier and your notice won't be valid as you can't give notice on a tenancy that hasn't started yet, any later and it will be less than a month so would need to expire on the 13th May.

This is all very clearly stated in the link you were provided with earlier, including an example of your exact situation.

canaldumidi

The 2 months notice applies only to the Break Clause, and the extension. It is appliable only during the fixed term. Unless the contract also says it applies in a subsequent periodic tenancy which you say is not the case.

Therefore you have a SPT (see my earlier link) and notice is as defined by the Housing Act: 1 full tenacy period.

Post 4: Ending/renewing an AST:

Mimi123456

Thank you Slithery and canaldumidi.
I’ve sent them an email and now expecting what they say. 

Mimi123456

They relied with smth like ‘landlord doesn’t want to extend the lease, his priority is to sell the place asap’


looks like they are planning to be difficult 😕

hazyjo

You're not looking to extend the lease so that's irrelevant.

Mimi123456

hazyjo said:

You're not looking to extend the lease so that's irrelevant.

Yes and it worries me. Meaning they didn’t even understand my email and have no clue that just giving me two extra weeks on amicable term would be an easy solution for all parties involved 

🤦🏻‍♀️now I’m either up for a conflict or just give up and find an AirBnB. Not sure I have mental energy to fight my point

Mimi123456

The landlord is an overseas investor btw
so can’t talk to them directly 😕
and I’m not sure the agency are presenting the information correctly to them 

RAS

It's actually irrelevant whether they are presenting the information properly.

By law, you are entitled to stay on a rolling contract after the fixed term ends and it'll take many months to get a court judgement against you.

I haven't re-read the whole thread again, but have they actually issued a valid section 21 notice? Because without that you could still be there next year.

Remember, letting agents no not require ANY training in tenancy law. I do hope they've sorted out the HMRC situation if they have an overseas LL.

Slithery

There is no 'conflict'.

Just follow the advice you've already been given and the law is 100% on your side. It's not your fault that the agents are either clueless or incompetent..