Shorthold Tenancy Agreement - Notice Period

[CeeJay85]

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!

[The Carpet Cleaners]

By signing a 6 month AST you have already given notice to move out on 27th... Legally..

 

you can move out before 27th and hand the keys back without giving any further notice at all.... If you stay 1 minute past 27th the tenancy automatically becomes SPT and then notice is 1 month on your side, and 2 months on LL side.

 

I moved out of my last tenancy on the day before the AST ended, and there was nothing LL could do... I did have to take her to court for the return of the deposit,due to a reluctance on her behalf to pay it back, but the Judge backed me up all the way by stating the first part of this post.....

 

So ignore the LL or letting agent, and move out, but get the handing back of the keys witnessed.

[Steve__M]

Agree with the Carpet Cleaners

 

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?

 

Well there is no such clause in your tenancy, so the question is moot.

 

If there were such a clause in your tenancy then I understand there are two ways in which it would not be "unfair":

 

• If the judge decided that the landlord were not a business over which the Unfair Terms legislation applies - I've seen it argued that a landlord with one property and no agent might not be covered, but I'm no expert.
  
• If the clause was specifically brought to your attention. E.g. it was provided on a separate page from all the other small print of the contract, with bigger font and with a statement that these were Special Terms or somesuch, and you signed that separate page.
  

[ericsbrother]

if it were any different it wouldnt be a shorthold tenancy. They cant have it both ways.

[mariner51]

Forget OFT, LLs are governed mainly by relevant Statutes eg Rent Act 1988, OFT guidance is just that.

 

 

Since no adviser has seen your TA, we have to assume it is an AST and not a Contractual Tenancy

LLs are not required to include AST terms in the TA and Ts not allowed to serve valid NTQ during fixed term, but they can vacate T on last day of fixed term, without Notice as CC said (though a courtesy notice like yours should be welcomed by LL).

LL obviously does not understand Notice requirements of AST.

 

You can move out earlier than 26th (subject to any AST restrictions about leaving property). T remains liable for rent & property until end of fixed term. If you do not vacate by midnight on last day of FT, then a SPT is automatically created and T has to serve valid NTQ with min 1 cal month Notice expirng at end of next rel T period.

 

 

Just leave before midnight on 26th Feb as arranged, should be alright.