no notice to quit

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    #16
    My understanding is that the Tenant can walk away at the end of the fixed term, without having to give any notice, but if he stays he must give 1 months notice from that point.
    The Landlord however would have to give an S21 two months before the end of the fixed term, (but can not give it any sooner than that). if he wanted them to leave, and even then, he can't make them leave without an eviction notice from a court. And even then they could stay until the baliffs turn up. (Although the tenant would be liable for the LL's costs of going to court and paying for the baliffs)
    So a sensible LL or LA would discuss the tenants wish to stay on beyond the end of the fixed term before wasting time doing viewings. I wouldn't be allowing viewing before the LA had understood my intentions.

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      #17
      OP, are you saying you want to stay in the property?

      Is the letting agent suggesting only way of staying and signing a new agreement is if you pay 6 months upfront?

      Did you at any point give any indication you were leaving after the initial tenancy had finished?

      It sounds as if they are trying to force you out, and either they are unaware of the procedures or they are gambling on the fact you would be unaware of them. They cannot make you leave without giving you 2 months notice first in the form of a section 21 notice




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        #18
        Originally posted by security2 View Post

        No, it's the last month of the fixed term. It's not necessarily the last month of the tenancy. Might seem pedantic to point that out but it's an important point. One that I suspect the LA in this case doesn't understand either.
        It's not the last month of the contract, but as it's the last month of the fixed term, it will become an SPT if the T remains in residence. i thought that meant a new tenancy began and that was one reason why you have to serve a new How to Rent leaflet if a new edition has been issued since the fixed term started. Am I wrong?

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          #19
          first of all thank you all for your replys,im not very good at this so please forgive any mistakes I make at replying and repeating myself.the la said to my partner 6 months upfront and you can stay she was gobsmacked and said what the la replied its what the landlord wants,my girlfriend Is selling her house our la was aware of that and wanted her to go with them she found a cheaper option they were not happy with this[we have kept saved quite angry voicemails from them].I had booked an expensive holiday for November the 11th to the 26th, I booked that 29th of September[documented] if they had served notice correctly I wouldn't have never had booked what is to me an expensive holiday I would have waited and found somewhere to live first,so I believe my tenancy runs out on or about the 22nd of November[when we are on holiday] so as you can see its been a great worry to us,we was quite happy to stay here until my gf sold her house then we would move,we have never said to la that we was moving,we have always paid the rent and bills,we have always been available for 3 monthly house checks and always allowed tradesmen in ,we haven't damaged the property or had mad partys[we are both in our mid fifties] we both work full time.we did try to find another house in the last 2 weeks but it fell through ,so I'm going on holiday on Saturday not knowing what to do,all I can say is with an honest heart we have not received any notice to quit in anyway shape or form,also the rent has not been put up on the zoopla add

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            #20
            As before, contact your landlord directly. Maybe read this thread for the other side of the story: https://forums.landlordzone.co.uk/fo...tenants/page3=

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              #21
              Originally posted by tatemono View Post
              It's not the last month of the contract, but as it's the last month of the fixed term, it will become an SPT if the T remains in residence. i thought that meant a new tenancy began and that was one reason why you have to serve a new How to Rent leaflet if a new edition has been issued since the fixed term started. Am I wrong?
              Problem is people use the word to mean different things. Legally, the fixed term is a tenancy, any renewal or "extension" in practice a different tenancy, and so is SPT. At the same time, tenancy is used to described the whole period of occupation from day 1 to the tenants leaving and giving up vacant possession.
              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.

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                #22
                Originally posted by custer76 View Post
                la said to my partner 6 months upfront and you can stay she was gobsmacked and said what the la replied its what the landlord wants,
                If you have an assured shorthold tenancy, then you can stay and a statutory periodic tenancy on the same terms as before will arise by law. Neither the letting agent nor the landlord can prevent that. If you were paying rent monthly at the moment, you will continue to pay rent monthly. A clear written note to the agent stating that you are aware of your legal rights, and any attempt to prevent your exercising of it may constitute unlawful eviction or harassment wouldn't hurt.
                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.

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                  #23
                  Originally posted by KTC View Post
                  Legally, the fixed term is a tenancy, any renewal or "extension" in practice a different tenancy, and so is SPT.
                  It's the legal definition I wanted clarification of. Thanks for confirming that I was aware of the legal change of tenancy.

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