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Does this contract require notice to leave?


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Hi,

See enclosed contract, its covers my house where the tenants are leaving today,(31/07/09) they haven't given any notice, they have just said the contract expires today and they are leaving. I understood that the fixed period was the time during which they had to stay and if they want to leave at the end they must serve notice?

 

Any help greatly appreciated.

contract0809.pdf

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The contracts up today according to the dates. They have stayed during the fixed term.

 

No notice is required to leave at the end of the fixed term (regardless of what the contract says) although its polite to do so.

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Guest Old_andrew2018

IMHO the tenancy ended on x date, the tenant did not choose to continue the tenancy so it ended.

This short extract is what they are relying on

You will have the property and the furniture for

11 Months From 1st of Sept 2008 to 11 am on 31st of July 2009

If, at the end of this time, you want to continue the tenancy and you have not already received from us two months’ notice to end the tenancy, it will carry on from month to month as a monthly contractual tenancy. They did not want to continue the tenancy, so there is no need for notice

You must give one months’ notice to end it. This notice must be given to expire on a rent payment day.

3This agreement is an assured shorthold tenancy (as defined in section 19A of the Housing Act 1988).

Andy

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If, at the end of this time, you want to continue the tenancy and you have not already received from us two months’ notice to end the tenancy, it will carry on from month to month as a monthly contractual tenancy.

 

Just for Toys reference, the contract would have become a statutory periodic regardless of wether or not a s.21 notice had been served if the tenants had chose to stay.

 

The 11 oclock deadline is also unenforceable they have until 11:59 tonight.

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Just for Toys reference, the contract would have become a statutory periodic regardless of wether or not a s.21 notice had been served if the tenants had chose to stay.

 

The 11 oclock deadline is also unenforceable they have until 11:59 tonight.

 

Cheers for the replys. Just for reference then, if you had served section 21 two months before the 31st July then it would be valid??

 

I wouldn't be so mean as to enforce the 11 oclock deadline, how could you enforce it anyway??

 

They have all moved out now anyway, except one tenants has gone awya, and given his girlfriend the keys to move his stuff out, which she has done but not returned the keys yet..

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Cheers for the replys. Just for reference then, if you had served section 21 two months before the 31st July then it would be valid??

 

I wouldn't be so mean as to enforce the 11 oclock deadline, how could you enforce it anyway??

 

They have all moved out now anyway, except one tenants has gone awya, and given his girlfriend the keys to move his stuff out, which she has done but not returned the keys yet..

 

If you have served a s.21 (correctly worded) two months before the 31st July it would indeed be valid. However a s.21 notice does not end a contract. The only item at a landlord disposal to unilateral end a tenancy agreement is a court order.

 

If they dont return the keys to you by the end of today, then they are technically liable for another months rent.

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