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CeeJay85

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  1. Hi all, I have come across a thread on this site (unable to post link to thread as a new user, appears to be thread 359520) which after reading sounds like a very similar situation to my own, so I thought I would post here for some advice on the matter. I have a shorthold tenancy agreement, with a fixed term of 6 months. This started on 28/08/15, so therefore this agreement ends 28/02/16. I have informed the landlord that myself and my friend who share the tenancy will be moving out, and will be vacating the property by 27th February at the latest. 2 days after informing them, the landlord called me and stated that 2 month's notice will be required. Obviously this concerned me, so I thoroughly read, re-read, re-read again and also got 3 other people to read through my contract. The contract does not state anywhere at all that a notice period would be required. Literally all that is stated in my contract with regards to the fixed term is the following: Term - For the term of 6 months commencing on 28/08/15 No mention of notice period, no mention of what will happen at the end of this term. Nothing. (for what its worth, we signed a new agreement following on directly from another friend who had rented this house for 4 years before we moved in. To my eye, the contract just appears to have been typed up in a rush, fitting with the notion that the landlord wanted us signed on and moved in ASAP) This prompted me to get in touch with the Citizens advice bureau, who in turn pointed me in the direction of the tenancy advice team at Shelter. It was shelter who informed me of case law authorities Flower Vs Darby (1786) and and Cobb v Stokes (1807), and explained that if we are simply leaving prior to the end of a fixed term agreement, then no notice would be required. I am going to take my contract in to my local Citizens Advice branch tomorrow, to have another person read through my contract on the off chance that I am missing something, or simply not understanding some of the property/landlord jargon in front of me. Does anyone else have a similar experience of this issue? I just want a bit more advice and backing before I meet with the landlord this coming weekend. Certainly do not want to look an idiot bringing this up with the landlord. Finally, the thread I linked to above has a comment quoting a guideline from The Office of Fair Trading (OFT) has issued Guidance on Unfair Terms in Tenancy Agreements (OFT 356, September 2005). The Guidance states as follows: “3.78 A tenant is not required to give notice to bring the tenancy to an end at the end of the fixed term. That is because a fixed term agreement comes to an end at the end of the fixed term, and no periodic tenancy will arise if the tenant then leaves. We appreciate that landlords will want to ensure that their properties are not left empty between tenancies, but object to terms that impose a contractual obligation on the tenant to give notice in order for the tenancy to be terminated at the end of the fixed term…” Beyond the fact that the landlord has neglected to mention anything about a notice period on the contract, are all UK landlords subject to the guidelines stated by the OFT? Again, any advice here would be helpful. Thanks for reading!
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