End of AST fixed term: How much notice to give?

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    End of AST fixed term: How much notice to give?

    The wording of our AST states:

    "6.2 If the Tenant wishes to terminate the Tenancy notwithstanding the fixed term to give to
    the Landlord a minimum of one months’ notice on or before a Rent Due Date to fall at the
    end of the following rental term in the event that the Tenant does not wish to continue this
    agreement beyond the fixed term or wishes to determine any continuation of the term."

    The AST fixed term runs from 30/06/2017 to 29/11/2107.

    We have just paid our final months rent for 30/10/2017 to 29/11/2017.

    Do we have to pay another months rent if we were to hand in notice now that we want to leave on 29/11/2017?




    #2
    You can leave on the last day of a fixed term without incurring a penalty or having to pay further rent. That would of course be in breach of the contract term but I think its probably an unfair term that wouldn't stand up to scrutiny in court if the landlord chose to pursue it.

    Comment


      #3
      Thanks for your reply.

      We were under the impression that a periodic contract was going to be possible from 30/11/2017, but we have just found out, after making the final months rent, that actually it will have to be fixed term, which really doesn't suit us as we are due to move into a new house when fully built.

      Comment


        #4
        You don't have to agree to any new fixed term. Any statement to the effect of "if you want to stay, you'll have to agree a new fixed term" is almost always the landlord and/or agent trying it on (or they're genuniely clueless).

        Assuming you are an assured shorthold tenant (check), with a contract for a fixed term only. Then once the fixed term ends, and if you stay, then by law the landlord is deemed to have granted you a periodic tenancy on the same terms as your previous fixed term. The periods would be based on how you pay rent, so if monthly the period is monthly.

        To end such a statutory periodic tenancy, you would be required to serve a notice to quit in writing of at least one complete period ending on the last day or a period.

        Your landlord cannot prevent such a statutory periodic tenancy from arising. The law says it must.
        I am not a lawyer, nor am I licensed to provide any regulated advice. None of my posts should be treated as legal or financial advice.

        I do not answer questions through private messages which should be posted publicly on the forum.

        Comment

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