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Leaving rental at end of 12m fixed term without giving notice
Hello, looking for advice please on our fixed term AST on whether we could leave at the end of the fixed term without giving notice and not pay any further rent.
We are in the process of buying a flat and its looking like we may complete in the second week of January. Our tenancy agreement runs 12 months from 23rd January 2023 to 22nd January 2024.
At the bottom of the post are some quotes from our tenancy agreement, basically according to the contract we should give 2 months notice to move out at the end of the fixed term, or one month once it turns to a rolling contract on 23rd January 2024.
To minimise overlap and paying rent unnecessarily until 22nd February we have read that its possible to leave and hand the keys back on 22nd January as the clauses below are 'unenforceable' and the agreement ends by effluxion of time.
Now, we have been issued a section 21 to move out 22nd February because of a dispute over the energy meters raised by us. I won't go into much detail but basically the house is divided, with the landlord having the other side, but they live abroad. We've discovered we're paying for energy for the whole house, including their usage when they're visiting even though they said our meter was separate.
'Term For the term of 12 months commencing on 23rd January 2023'
'End of tenancy If the tenant intends to vacate at the end of the fixed term, or during the term of the tenancy (but not before the legal fixed term of 6 months), he must give the landlord at least 2 month's notice in writing, and must be acknowledged by the landlord/landlords agent'
'Where the tenancy becomes a periodic tenancy at the end of the fixed term 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. The tenant's notice must end on the first or last day of a period of the tenancy in accordance with the common law rules.'
As far as I can see it won't roll into a 'contractual periodic tenancy' so we should be off the hook.
Thanks in advance.
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