Doubts About "LEGAL POSITION WHEN THE FIXED TERM ENDS"

[Blue Crystal]

In the item “LEGAL POSITION WHEN THE FIXED TERM ENDS” ( http://www.consumeractiongroup.co.uk/forum/residential-commercial-lettings/116385-shorthold-tenancy-posession-eviction.html ), unless I am misunderstanding, I am finding a contradiction in the two paragraphs below.

 

The first one says that the tenant can move out in the end of the term of the contract ( in my case is 6 months ) WITHOUT giving previous notice to landlord -while- the second paragraph says that tenant must give the landlord one period’s notice ( that would be one month in my case ). I am really confused. I would be grateful if someone could clarify this apparent contradiction ( Perhaps I am not familiarized with part of the terminology like “Fixed Term” and “Periodic Tenancy” ? ).

 

1) If the tenant wishes to move out on the day the fixed term ends, the tenant is not required to give notice to the landlord. This is because the contract between the landlord and tenant ends when the fixed term ends. The tenant no longer has any contractual obligations (either to give notice, or to pay rent).

 

 

2) To end a periodic tenancy, the tenant must give the landlord one period's notice, in writing, expiring on the last day of a period (i.e. expiring on the day before the rent is due). Thus if the tenancy is a monthly tenancy the tenant must give not less than one calendar month's notice. It is best to give the notice a few days early, because it will be invalid if less notice is given than is required.

[blitz]

A periodic tenancy is different from a fixed term tenancy. Should you continue in occupancy of the property when the fixed term ends it will turn into a periodic one (month by month).

 

You may leave at the end of the fixed term should you wish (Though it is polite to let your landlord know), if you do continue on then after the fixed term you would need to give a months notice.

[Blue Crystal]

Hi blitz

 

Perhaps, by mentioning an actual contract, I would be more confident that I understand the laws. I apologize in advance if my questions seem too obvious but when the stakes for any mistake are so high I need to be absolutely sure about the legal terms and procedures.

 

My contract is an “Assured Shorthold Tenancy Agreement” and its term is six months.

 

1) Is such term of six months what is called a “fixed term” ?

 

2) You said that “Should you continue in occupancy of the property when the fixed term ends it will turn into a periodic one (month by month)”. But I guess that it becomes a periodic one ONLY if NO new contract is made ( there is no contract renewal ). Otherwise, it would be again a normal tenancy agreement with “fixed term”. Am I correct ?

 

3) If the answer is positive to the two previous questions then, if I understood correctly, I can move to elsewhere on the exact day that the tenancy agreement finishes WITHOUT legal need of informing the landlord in advance ( except in the exact last day ). Is that correct ?

 

4) If the “Rent Commencement Date” of the contract is, let’s say, 10th July 2009 and its term is 6 months, then the final day of the contract would be 9th or 10th of January 2010 ? ( I am concerned by this detail because if by mistake I stay one day more the landlord might declare that a “periodic tenancy” already started and that I should pay for the entire next 6 months or would I be obliged to pay for just one month in this case ? )

 

5) Do I need to ask the landlord to give me a -written and signed declaration- that I indeed left the flat at the end of the term of the contract ( otherwise he could claim that I remained there ) ?

[Steve__M]

1) Yes.

2) Yes - if you sign a new contract you'll have a new "fixed term".

3) Yes. If you want to do it without informing the landlord, make sure you have proof that you've moved out and hand back keys etc.

4) 9th. A month's rent would cover the 10th of one month to the 9th of the next.

5) See 3.

 

It might be helpful to explain why you are asking these questions.

[Blue Crystal]

Hi Steve_M

 

3) Yes. If you want to do it without informing the landlord, make sure you have proof that you've moved out and hand back keys etc.

 

Steve, of course, if there are no witnesses, the landlord could allege that I did not handed back the keys before the agreement was expired ( agreement term ). So, what would be a proper legal proof in this case ?

 

It might be helpful to explain why you are asking these questions.

It is good to be well informed so ones can make wise decisions.

[blitz]

If it is something to happen in the future then I would still highly recommend informing the landlord before you move out, this can then be to arrange to drop of the keys. Something like this usually needs to be arranged anyway and it would help both parties out if you didn't phone up the day before or on the day.

 

If your worried about the aftermath of the ll arguing that the keys have not been handed back then actually take a witness.

 

If this is a case that has already happened, explain it and we will be more then willing to help, as steve_m has assumed its very strange for all the questions. We are more then happy to provide answers but better answers on a case by case basis can be provided if its something that is in the past.

 

Regarding the legal position though, my assumption would be that the ll would try to retain the deposit in which the TDS would sort it out, or taking you to court which would lead to a judges decision based on any evidence that both parties can present.

[Blue Crystal]

Hi blitz

 

Yes, obviously, I have to hand back the keys and inform him about my departure at least one or two days before I leave ( at the term of the rent agreement ). Aside the legal obligation of informing and handing the keys back, I would not receive my deposit back without this procedure.

 

And no, it is not something that has happened yet. But based on the sleazy and extremely selfish behavior of my landlord like when he tried to trick me to pay twice one month rent when he bought the house from the previous landlord four years ago, the enormous delay and careless he demonstrates on fixing house problems ( broken collective toilet or bathroom, blocked pipe system, and another serious problem that I will be talking about in a new topic, etc. probably by taking advantage that the tenants [ including me ] did not know that he is only obliged by law to fix the house general problems if he is officialy notified by a letter sent to him and that verbal communication has no legal consequence), the way he misrepresents reality and based on personal psychology I can reasonably predict his future behavior.

 

For instance, I am almost sure that he will fabricate excuses in order to not give me back the deposit when I leave.

 

That is why I want to know all the relevant laws. I do not want to be victim of his traps and manipulations.

 

I think all tenants should know at least basic things about the laws which, seem to me, already bend way more in favor to landlords than the other way around.

 

Anyway, I am very grateful to you and to Steve__M for your kind help.

[Steve__M]

Ideally, then, you need to make sure you have your contract, inventory and receipts for deposit etc. Ideally you should do a checkout of your house with the landlord present, so that issues can be discussed there and then.

 

Since I assume you have signed a contract recently, your deposit should have been protected in a tenancy deposit scheme. If not, the landlord may be liable to a 3x fine. You can check by contacting each of the 3 schemes (DPS, mydeposits and TDS).

[Blue Crystal]

I prefered to create a new topic for this post, so I deleted it to avoid repetition.

Edited December 8, 2009 by Blue Crystal

[Blue Crystal]

A periodic tenancy is different from a fixed term tenancy. Should you continue in occupancy of the property when the fixed term ends it will turn into a periodic one (month by month).

 

Rereading the above, I realized that I have some gaps of lack of information on this case.

 

1) When fixed term tenancy becomes periodic one, does it mean that the tenancy lasts just one month ( one month term ) and if I decide to remain in the flat after one month, is it automatically renewed to a further month and so on ?

 

2) Is the landlord also obliged by law to give me one month of notice in advance if he wants me to leave when we are under a periodic tenancy ? And, in legal terms, should he do it through a written document ( letter ) ?

 

3) When the periodic tenancy starts, I guess that I can move out at the end of a month since the term of the agreement lasts just a month ? In this case, would I be obliged by law to notify the landlord with a month in advance ?

[blitz]

When you enter into a periodic tenancy from that moment on you are required to give a full months notice which must be served before or on the rent day with the notice to expire at the end of that rent period. (You can't give a months notice half way through to end half way through the next month for example).

 

For a landlord to evict you, you must be presented a document called a s.21 which is a legal document for eviction for any reason. This can only be served to expire at the end of your fixed term (or to expire any time after during the periodic part), and you cannot be forced out of the property without a court order.

 

If you wanted to move out the month after your fixed term ends you would still be required to provide a full rental months notice.