should I have to give notice to end a 6 months tenancy at the end of the term

[bembo]

Hi

I am hoping somebody can give me some advice. I signed an Assured Shorthold Tenancy Agreement with the term stated as 'a term certain of 6 months from 14th August 2010'. Therefore my understanding is I leave the property on 13th February, without giving any notice.

 

I have been contacting my agent asking what is happening with my contract since 16th December and had no reply until 7th January stating the landlord is happy for us to stay and the agent will get 'some paperwork out' to us, which I haven't recieved.

 

I contacted the agent today to advise as I have have received nothing from them I will be vacating the property on 13th February. They have emailed me and advised I have to give them 1 months written notice at the commencement of the tenancy therefore cannot leave until 13th March....but my contract is for 6 months not 7??

 

They have advised me of the following clause's:

 

Following expiry of the initial term, if neither the Landlord nor Tenant has given the required notice to determine the tenancy then the tenancy will continue under the existing terms

 

and

 

The Tenant must give the Landlord or Landlords Agent at least one full Calender month's written notice from the date of commencement of tenancy to terminate the agreement to expire no sooner than the end of the initial term.

 

Do these clause's still stand after the expiry of my contract on 13th February or can I leave without giving notice on 13th Feb. I advised I will send them notice today and leave 20th Feb, but again this wasn't good enough.

 

Also is my Tenancy a legally binding contract as I signed it in my Maiden name (1 week before I got married) informed them I was getting married and they have never sent me a revised one with my correct details on, or changed anything on their system.

 

Thanks Becki

[rebel11]

Hi bem

 

Welcome to CAG

 

The guys will advise as soon as they are available.

[mariner51]

Becki,

 

Some here may think the tenant does not have to give Notice if they intend to move out at the end of the fixed term. I would disagree. AIUI AST rules for 'fixed term' require the LL to serve 2 months Notice and the tenant 1 month before the last day of the fixed term if they do not wish the Tenancy to 'rollover to a monthly periodic or a new Agreement. This was also written in to the original Agreement which you signed.

 

A LL/agent may write a s21 Notice within the Lease before either party signs, which could be invoked any time after the 2nd month. A tenant is not required to give Notice at the start of the Tenancy, if they wish to move at the end of the fixed term, just 1 month before the end of the fixed term. Hence the Agent's poss confusion.

However, the tenant cannot give 1 month Notice at any time and expect to move out 1 month later.

The rule (for either side) is Notice to vacate must be served (received) on or before the last day of a rental period (day before rent due) and the Tenancy will cease on the last day of the NEXT rent period (tenant liable until then).

So if your contract started 14 Aug with rent due pcm on the 14th of each month, the 6 month fixed term expires 14 Feb and Notice should have been served by 13 Jan. You could serve Notice now and Tenancy would cease on 13 March 2011.

Has the Agent said a new Contract has to be signed (change in rent or T&Cs) or did you request one?

If no change in T&Cs or joint/main tenants, the original STA would rollover to a monthly periodic tenancy on 14th Feb with no fixed term, only 1 month notice, as outlined above, by either side.

 

Do you want to leave?

[xoAmyox]

IMO, the OP is correct with the last day of their fixed term being 13th Feb, as this is exactly 6 months. I do not believe there is any requirement for notice to be given so long as the property is surrendered immediately before the fixed term expires, it would be nonsensical of a contract to hold you longer than a 'term certain of...'

[bembo]

Hi,

 

Thanks for the reply, yes I do want to leave the property, reason being I have been contacting them since December trying to find out what is happening and had no reply, so was concerned I was going to become homeless, therefore have found another property to rent.

 

I also have to arrange all my own repairs, even though my contract states my Landlord must keep the property in good repair, and feel the service I have recieved from the agent is non exsistant.

 

I am now worried if I leave on the 14th Febraury as planned they will try and keep my bond, it is in a deposit scheme.

[Planner]

I think its important that mariner51 indicates why they disagree with the common assertion on here (and most similar forums) that a tenant is not required to give notice if they wish to move out at the end of the fixed term?

 

There are a variety of sources out there which all agree that notice to end the fixed term (I would siggest the clues in the name - fixed term) isnt required, not least:

 

- OFT;

- Comunities and Local Gov Guidance;

- Shelter;

- CAB; and

- various case studies of the TDS arbitration process findings where just such an issue has arisen.

 

All of them agree that tenant notice to stop a periodic arising is not required.

 

I therefore conclude, O/P, that mariner51 and your agents are incorrect. I suggest you write to them and let them know that you will be leaving on 13th February and they need to arrange a mutually convenient checkout.

Edited January 21, 2011 by Planner

[Aviva]

Bembo - Shelter states:

 

If your agreement is for a fixed-term (eg six months), you can leave on the last day of the fixed-term without giving notice. But you must ensure that you do not stay even one day over, or you will automatically become a periodic tenant and will have to give proper notice or come to an agreement with your landlord.

[bembo]

Thanks for all your wise words guys! They have certainly helped, we win!! I am moving out on 12th February, and get keys to my new house next week.....once again Thanks

[mariner51]

Becki got the result she wanted.

 

I accept the wisdom of others re no Notice reqd/no liability if you vacate on the last day of the fixed term.

 

I would refer you to the sensible advice offerred on the rel Shelter website page

 

"If you have a fixed-term tenancy (ie for one year) you will only be able to give notice during the fixed-term if your tenancy agreement says it is allowed. The length of notice you have to give depends on what your tenancy agreement says.

It is possible to leave on the day your tenancy ends without giving any notice, but this is not usually advisable. It is best to give your landlord notice if you can, especially if you have paid a deposit and need it back." or, I would add if you need a LL ref. or checkout inventory/inspection.

 

I find this one-sided arrangement inequitable. With a 6 month fixed term, the LL has to serve Notice to vacate by the end of month 4 or negotiate a new signed Agreement by the end of the fixed term.

The LL may be happy for the Tenancy to roll-over to a Periodic Tenancy and this may benefit the tenant as there would be no 'fixed term', only reqd Notice of 1 rent period.

 

I would suggest that either Party should indicate their intention by the end of Month 4, neccesitaing a reply by the end of Month 5 with resolution by the end of th fixed term (6months)

If the tenant moves out at the end of the fixed period they should be legally required to provide a forwarding address and not just 'disappear'

[Steve__M]

The argument I have heard about the validity of contract terms that require notice to be given to end the tenancy at the end of a fixed term is that the OFT objection to such terms has not been tested in court.