Handing in notice on the AST

poppy10_2

Hey folks,
I'm currently in a rented property, on a 12 month AST taken out last August. It expires on August 1st 2008.

I'm probably going to leave the property when the contract ends, but I'm not certain yet.

I've just had a letter from the LL saying that if I am not planning to renew the contract then I have to give them two months notice, and therefore will have to let them know by June 1st.

I always assumed you could just leave when the contract ended?

tbs624

Your LL is confused - as a Tenant you can just leave on the last day of your Fixed Term (if you stay just one day past the expiry dateyou will be into a new rental period). A LL however has to give 2 months notice to the Tenant if he wants to make sure that he can get the Tenant out without too much difficulty after the Fixed Term expiry.

It is courteous though to let a LL know as soon as poss that you won't want to stay on, and it gives you chance to clarify on anything that might lead to a dispute over the return of your deposit.

poppy10_2

Thanks. Any link to some online source that I can print out and send to them? They sounded very sure of themselves in the letter - "You must give us two months notice if you do not intent to renew the contract."

poppy10_2

Oh, and sorry it was the letting agent, not the landlord, that sent me the letter. it is a fully managed property.

tbs624

Letting Agents - don't we just love 'em. Many of them have no training, no particular qualifications or expertise.What they would like is to have the last 2 months of your tenancy full of viewings for the next potential tenants........

See here for full explanation: http://england.shelter.org.uk/advice/advice-3145.cfm

You are contractually obliged to pay rent until the expiry of your Fixed Term. If you don't give notice and you simply move out on or before the actual expiry date you can still only be asked to pay rent up until the end of that expiry date, but do make sure you get the date right. It does ease the prompt repayment of your deposit though, as I say, if you are able to give some notice of your intentions.

clutton_2

its just common courtesy to tell them you are / are not leaving as soon as you know - but you do not have to give formal notice

poppy10_2

Yeah, I was planning to give about 1 months notice, but this is too far in advance, I don't know whether I want to keep the tenancy on or not at this stage.

The other thing is that the LA's letter says I have to either give my two months notice on June 1st, or arrange a renewed contract (at a cost of £50+VAT.) In the past I've always just the let the contract period end and gone onto an automatic rolling contract - I like the flexibility this gives. Can I still just not respond and go on to a rolling contract?

mlz1413

Do you have your original agreement? You really need to go back to original agreement and see how it is worded regarding fixed term and giving notice.

chappers

If it is an AST then the agents are wrong you do not have to give any notice if you want to leave at the end of the fixed term. After the end of the fixed term you must give one months notice.Your LL must give you two months notice at all times.

tbs624

mlz1413 wrote: »

Do you have your original agreement? You really need to go back to original agreement and see how it is worded regarding fixed term and giving notice.

You're right that Tenants should always check back through their Tenancy Agmts but the OP has said:

poppy10 wrote: »

...I'm currently in a rented property, on a 12 month AST taken out last August. It expires on August 1st 2008...

Whatever the LA has put in her AST on this issue she is IMO still free to leave at the end of a Fixed Term without necessarily giving Notice that she intends to do so.

tbs624

poppy10 wrote: »

Yeah, I was planning to give about 1 months notice, but this is too far in advance, I don't know whether I want to keep the tenancy on or not at this stage.

The other thing is that the LA's letter says I have to either give my two months notice on June 1st, or arrange a renewed contract (at a cost of £50+VAT.) In the past I've always just the let the contract period end and gone onto an automatic rolling contract - I like the flexibility this gives. Can I still just not respond and go on to a rolling contract?

Generally a Tenancy Agreement would roll onto a Periodic either by joint agreement or by default because a Tenant had not moved out at the end of the Fixed Term and neither party had done anything to suggest an alternative course of action .

In your case, if you simply ignore the LA, they may continue to pester you and they may not want to agree to a rolling contract for 2 reasons: 1. because they can, as you say, charge you (and probably the LL as well) for a new contract to be "drawn up" and 2. because they like to know that you will be there for at least another 6 months helping to earn them more commission.

If you've been a good tenant though the LA and the LL are unlikely to want to risk losing you so you could always ask about a Periodic. Have you thought about contacting the LL direct?