AST with CPT clause - notice period before end of fixed term

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    AST with CPT clause - notice period before end of fixed term

    Hi,

    Mandatory answers:

    Q1 – Where is the rented property located (England / Wales / Scotland / N Ireland)? England
    Q2 – What type of Tenancy Agreement (TA) is this e.g. sole tenant / multiple tenant / room only? sole tenant
    Q3 – What date did current TA start dd/mm/yy? 01/08/2018
    Q4 – How long was initial fixed term (6/12/24 months / other)? other:
    "The term shall be be from and including 01/08/2018 to and including 31/07/2019 and then the tenancy continues as a Monthly contractual periodic until ended following either party giving giving Notice"

    Q5 – Does the TA state that rent is due weekly? / 4-weekly? / per calendar month (if so, on what same date each month)? per calendar month, 1st of each calendar month
    Q6 – Did the TA require a tenant damage deposit to be paid? If so, on what date was this paid (dd/mm/yy)? yes, paid in 2015, as this agreement has been renewed every year.
    Q7– not applicable
    Q8 – Does the landlord live in the same property as the tenant? No

    Clause from the agreement:

    The Tenant may bring the the tenancy to an end at any time after 6 months from the start of of the tenancy by giving to the Landlord at least two month's written notice stating that the tenant wishes to vacate the Property. A letter will suffice to implement this sub-clause. While the tenancy is periodic the one month's written notice must expire the day before before a rent due date.

    My understanding is that with fixed term AST the tenant can simply walk away on the last day, returning the keys (not intending to do that - I would always inform landlord/agent as soon as possible). I have informed letting agent in advance (two months minus 4 days) that I am *planning* to vacate at the end of fixed term, and that I will confirm that no later than 1 month before end of fixed term. They accepted that, but today (after receiving firm confirmation from me) they are claiming that 2 months count down starts today, citing the clause above.

    Where's the truth?


    #2
    In a tenancy that doesn't extend on a contractual basis (one with a fixed term that ends and then the lease continues on a periodic bases because the law says it dies) there are two tenancies.
    One ends when the fixed term does and a new periodic tenancy starts if the tenant hasn't moved out.

    So the tenant can leave at the end of the fixed term, because the tenancy has come to an end, and, consequently, the periodic tenancy never starts.

    In a contractual periodic tenancy, the first tenancy doesn't end when the initial term does (it's usually not called a fixed term, as here).
    So the tenant has to give notice to end the tenancy, there's no opportunity to simply move out.

    So the agent is right.

    I am not sure that you have served notice at all, because notice has to be more than a heads up about what you intend to do.
    When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
    Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

    Comment


      #3
      The Tenant may bring the the tenancy to an end at any time after 6 months from the start of of the tenancy by giving to the Landlord at least two month's written notice stating that the tenant wishes to vacate the Property. A letter will suffice to implement this sub-clause. While the tenancy is periodic the one month's written notice must expire the day before before a rent due date.
      Err........

      Originally posted by jpkeates View Post
      I am not sure that you have served notice at all, because notice has to be more than a heads up about what you intend to do.
      Sure, but if the agent "accepted that [earlier 'notice']", I wonder if the landlord is estopped from requiring a longer notice. *shrug*
      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


        #4
        May depend on what "they accepted that" means.

        Comment

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