Fixed term tenancy - leaving without written notice

[blutacis]

I have been renting a house with two friends for one year. We completed a 6 month fixed term tenancy in February, and began a new one, which ended on 14th August 2014.

 

Mid-July, I contacted the letting agents by phone to let them know that my two friends would be leaving, and that whilst I would like to try to get new tenants in, I couldn't commit to renewing the tenancy agreement. The letting agents accepted this, and asked me to let them know if I found anyone. I could not find anyone new, so found a new place for myself and expected the tenancy to end when the fixed term ran out.

 

The lettings agents are now saying that as we did not provide written notice, we will have to pay another month's rent. Though they have compromised and are now only asking for half a month's rent.

 

Neither myself nor my friends can afford this, as we've obviously got rent and deposit to pay on our new places.

 

I understand that as it is a fixed term agreement, we are under no obligation to give notice. However in the first contract we signed, there was a clause stating "The tenant agrees that they must give at least one month's written notice before the rent due date, to vacate the property on expiry of this tenancy." There is also a clause stating that "The tenancy includes any extension or continuation thereof or any statutory periodic tenancy which may arise following the end of the term" This was in the contract for the first 6 months. The contract for the second 6 months made no reference to notice.

 

Would we have a case to go to the letting agents with, stating that as it was a fixed term assured shorthold tenancy, we were under no obligation to provide notice?

[honeybee13]

Hello and welcome to CAG.

 

The forum guys should be along later, but as it's the weekend now, it's always a bit quieter. Please bear with us until they're able to get here.

 

My best, HB

[raydetinu]

Correct if you left the premises and handed the keys back before midnight on the 14th August that is the end of the six month contract ( no notice is required! ).

The clause requiring notice is invalid.

Make sure they don't try and deduct anything from the deposit in his regard.

[mariner51]

You are all severally & jointly liable, irrespective of leaving date, for full rent until 14 Aug inclusive, unless someone stayed in occupation into SPT

[blutacis]

Thanks everyone. Do you have any specific resources I could point my letting agent to show that

a) I don't need to provide notice for a fixed term contract

b) The clause in the contract stating I should provide notice is invalid?

 

Many thanks, you're saving me a lot of money and heartache

[mariner51]

Even though you are not required to give Notice to vacate on last day of fixed term, it would be a courtesy to advise LL of your intent, in writing (keep a copy), a few days prior, so he can arrange move out inspection, collect keys etc on last day. It will also stop him seeking Court repo later, poss at your expense.

[raydetinu]

standard AST contract law; fixed period, ends on last day, why do you need to give any notice of that, unless you stay beyond last day then it switches to a PST ( then you would have to give one months notice. ).

However as M51 says polite to let LL know, so they can plan ahead. ( nothing to stop agent or LL checking your intentions. )

Just say you are not going to pay. If they want to go to court over it IMO little chance of success.

Presume deposit situation is OK.