Hi,
I managed to find a new flat a couple of weeks before the end of my fixed term contract for an assured shorthold tenancy for a flatshare came to an end. I told my landlord I was moving out at the end of the fixed term and he said he'd spoken to his solicitor and he's said that according to the contract I've signed, I still need to give him a full calendar month as notice.
Here are all the terms in the contact that relate to fixed term. Please can anyone tell me if I'm right that I don't have to give any notice or if I do have to give a months notice. My fixed term ends on sunday. Thanks...
The term 6 months, beginning on 01/10/07 (‘the fixed period’)
The tenancy will then continue, still subject to the terms and conditions set out in this agreement, from month to month from the end of this fixed period unless or until the tenant gives notice that he wishes to end the agreement as set out in clause 4 overleaf, or the landlord serves on the tenant a notice under section 21 of the housing act 1988, or a new form of agreement is entered into, or this agreement is ended by consent or a court order.
4 Ending The Agreement
4.1. The Tenant cannot normally end this agreement before the end of the term. However, after the first three months of the term, if the tenant can find a suitable alternative tenant, and provided this alternative tenant is acceptable to the landlord (the landlord’s approval not to be unreasonably held) the tenant may give notice to end the tenancy on a date at least one month from the date that such approval is given by the landlord. On the expiry of such notice, provided that the tenant pays to the landlord the reasonable expenses reasonably incurred by the landlord in granting the necessary approval and in granting any new tenancy to the alternative tenant, the tenancy shall end.
4.2. If the tenant stays on after the end of the fixed term, his tenancy will continue but will run from month to month (a ‘periodic tenancy’). This periodic tenancy can be ended by the tenant giving at least one month’s written notice to the landlord, the notice to expire at the end of a rental period.
4.3. If at any time
4.3.1 any part of the rent is outstanding for 21 days after becoming due (whether formally demanded or not) and/or
4.3.2 there is any breach, non-observance or non-performance by the tenant of any covenant or other term of this agreement which has been notified in writing to the tenant and the tenant has failed within a reasonable period of time to remedy the breach and/or pay reasonable compensation to the landlord for the breach and/or
4.3.3 any of the grounds set out as grounds 2,8 or grounds 10-15 (inclusive) (which relate to breach of any obligation by a tenant) contained in the Housing Act 1988 schedule 2 apply.
The landlord may recover possession of the property and this agreement shall come to an end. The landlord retains all his other rights in respect of the tenant’s obligations under this agreement. Note that if anyone is living at the property or if the tenancy is an assured or assured shorthold tenancy then the landlord must obtain a court order for possession before re-entering the property. This clause does not affect the tenant’s rights under the protection from eviction act 1977.
I managed to find a new flat a couple of weeks before the end of my fixed term contract for an assured shorthold tenancy for a flatshare came to an end. I told my landlord I was moving out at the end of the fixed term and he said he'd spoken to his solicitor and he's said that according to the contract I've signed, I still need to give him a full calendar month as notice.
Here are all the terms in the contact that relate to fixed term. Please can anyone tell me if I'm right that I don't have to give any notice or if I do have to give a months notice. My fixed term ends on sunday. Thanks...
The term 6 months, beginning on 01/10/07 (‘the fixed period’)
The tenancy will then continue, still subject to the terms and conditions set out in this agreement, from month to month from the end of this fixed period unless or until the tenant gives notice that he wishes to end the agreement as set out in clause 4 overleaf, or the landlord serves on the tenant a notice under section 21 of the housing act 1988, or a new form of agreement is entered into, or this agreement is ended by consent or a court order.
4 Ending The Agreement
4.1. The Tenant cannot normally end this agreement before the end of the term. However, after the first three months of the term, if the tenant can find a suitable alternative tenant, and provided this alternative tenant is acceptable to the landlord (the landlord’s approval not to be unreasonably held) the tenant may give notice to end the tenancy on a date at least one month from the date that such approval is given by the landlord. On the expiry of such notice, provided that the tenant pays to the landlord the reasonable expenses reasonably incurred by the landlord in granting the necessary approval and in granting any new tenancy to the alternative tenant, the tenancy shall end.
4.2. If the tenant stays on after the end of the fixed term, his tenancy will continue but will run from month to month (a ‘periodic tenancy’). This periodic tenancy can be ended by the tenant giving at least one month’s written notice to the landlord, the notice to expire at the end of a rental period.
4.3. If at any time
4.3.1 any part of the rent is outstanding for 21 days after becoming due (whether formally demanded or not) and/or
4.3.2 there is any breach, non-observance or non-performance by the tenant of any covenant or other term of this agreement which has been notified in writing to the tenant and the tenant has failed within a reasonable period of time to remedy the breach and/or pay reasonable compensation to the landlord for the breach and/or
4.3.3 any of the grounds set out as grounds 2,8 or grounds 10-15 (inclusive) (which relate to breach of any obligation by a tenant) contained in the Housing Act 1988 schedule 2 apply.
The landlord may recover possession of the property and this agreement shall come to an end. The landlord retains all his other rights in respect of the tenant’s obligations under this agreement. Note that if anyone is living at the property or if the tenancy is an assured or assured shorthold tenancy then the landlord must obtain a court order for possession before re-entering the property. This clause does not affect the tenant’s rights under the protection from eviction act 1977.
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