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  • FIRST POST
    • Eskarbar_Rand
    • By Eskarbar_Rand 14th Sep 18, 7:41 PM
    • 2Posts
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    Eskarbar_Rand
    Fixed Term - 2 months notice?
    • #1
    • 14th Sep 18, 7:41 PM
    Fixed Term - 2 months notice? 14th Sep 18 at 7:41 PM
    Hi all,



    As mentioned in the title; the 2 month notice in our contract for fixed term tenancy - is this something we are bound to?



    Our situation is as follows; we have had a pretty awful year with the aforementioned agent and decided it was time to move on as soon as the contract ran its course. We contacted the agent just shy of two months off from the renewal date, they replied that as it is not the full two months, we must pay an additional month of rent on top into December (contract expires 4th Nov). I disagreed with this and they got back to me pending discussion to offer us to pay for one week extra instead. Where do we stand with this?




    Thanks in advance!
    - Eskarbar
Page 1
    • Slithery
    • By Slithery 14th Sep 18, 7:49 PM
    • 988 Posts
    • 1,582 Thanks
    Slithery
    • #2
    • 14th Sep 18, 7:49 PM
    • #2
    • 14th Sep 18, 7:49 PM
    If you're leaving at the end of the fixed term then you don't have to give any notice, no matter what your contract says - although it is useful to let the landlord know so that a check-out inspection can be arranged.

    Ending/renewing an AST
    Last edited by Slithery; 14-09-2018 at 8:23 PM.
    • dimbo61
    • By dimbo61 14th Sep 18, 9:01 PM
    • 10,076 Posts
    • 5,454 Thanks
    dimbo61
    • #3
    • 14th Sep 18, 9:01 PM
    • #3
    • 14th Sep 18, 9:01 PM
    Be prepared !
    Make sure the property is empty of all your stuff.
    Make sure it is returned in the same or cleaner condition than when you first moved in.
    Remove any junk, cut the grass, do the garden if you have one.
    What does it say in the tenancy agreement ?
    Make sure you hand over the keys in time and take lots of photos.
    Did the letting agents do a full inventory with photos/video ?
    • Eskarbar_Rand
    • By Eskarbar_Rand 14th Sep 18, 10:25 PM
    • 2 Posts
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    Eskarbar_Rand
    • #4
    • 14th Sep 18, 10:25 PM
    • #4
    • 14th Sep 18, 10:25 PM
    Thanks for all of your fast responses! So am I right to refuse to pay this additional week of rent they are asking? Even with this 2 months notice they have requested in the contract?


    Here is what is says in the contract:


    "If the Tenant intends to vacate at the end of the fixed Term, or at any later date, he must give the Landlord at least two months' notice in writing. The two month Notice period must commence on a Rent Due Date.

    While the Tenancy is periodic, two months' notice must be served on a Rent Due Date."


    We have taken many photos and videos throughout the tenancy, to be quite honest we are ready for a protracted battle over the deposit.
    • Slithery
    • By Slithery 14th Sep 18, 10:41 PM
    • 988 Posts
    • 1,582 Thanks
    Slithery
    • #5
    • 14th Sep 18, 10:41 PM
    • #5
    • 14th Sep 18, 10:41 PM
    "If the Tenant intends to vacate at the end of the fixed Term .... he must give the Landlord at least two months' notice in writing. The two month Notice period must commence on a Rent Due Date.
    Originally posted by Eskarbar_Rand
    That clause is legally unenforceable. The clue is in the name, it's a 'fixed term', it automatically ends on the end date unless you stay or renew the contract.
    Just inform the LL/agency you won't be staying (and make sure you cancel your standing order after the last payment).
    • G_M
    • By G_M 15th Sep 18, 5:21 AM
    • 45,948 Posts
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    G_M
    • #6
    • 15th Sep 18, 5:21 AM
    • #6
    • 15th Sep 18, 5:21 AM
    The advice you have received above is almost correct, however:

    1) yes, when the fixed term ends, then by definition the tenancy ends (provided you leave) and no further rent is due

    2) however, your contract does require you to give 2 months notice and you agreed to this contractually

    3) what 2 above means is that if the landlord suffers any financial loss as a direct result of your breach of the contract (insufficient notice), he can claim that loss from you, via the courts if necessary.

    4) so what 'financial loss' might the LL suffer if you don't serve 2 months notice? Well, with the notice he can line up a new tenant to move in as soon as you leave. Without the required notice, he cannot, so may suffer a loss of rent (from the next tenancy).

    5) having said that, it is very hard for the LL to actually prove that he definately would have had a new tenant in earlier had you served the required notice (especially if you gave 7 weeks notice instead of the full 2 months)
    Last edited by G_M; 15-09-2018 at 2:50 PM.
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