2 months notice on fixed term tenancy

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    2 months notice on fixed term tenancy

    So my current fixed term tenancy ends I one months time (14th November). I emailed my landlord 4 months ago informing her that I had been accepted for a help to buy flat and that I needed a reference. She never agreed to give me one and then stopped replying to my emails. Until last week to inform me that she wanted to renew my tennancy agreement. I had assumed she had taken our previous conversation as my notice, however as I stupidly never gave a specific date she is not accepting it and wants me to stay an extra month.

    This all seems very odd and unreasonable of her to assume I was staying in her property.

    I have two questions:

    1. Is it likely I would be able to prove the 2 month clause and the way she handled it was unfair?

    2. I found some (now outdated) legislation on a similar topic "Notice not required for fixed term agreements
    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. This could allow the
    landlord to impose a substantial financial penalty on tenants who do not
    realise that notice is not required, by requiring them to pay rent for a period
    after the end of the fixed term. Terms such as this are not necessary to
    protect landlords from the possibility that their property will be left empty, as
    the law allows landlords to recover possession at the end of the fixed term
    by serving at least two months' notice, and they could do so where their
    current tenant fails to indicate when asked whether they intend to stay on.
    The landlord and tenant could of course still agree to a renewal of the
    tenancy even after such notice was served."

    does anyone know if this still applies? Or where to find an up to date version? I have looked at the consumer rights act of 2015 but can seem to make much sense of it.

    sorry for the essay, would really appreciate any help.

    #2
    It depends on the type of tenancy you have. If, after the fixed term the tenancy continues as a contractual periodic tenancy then you have to give notice in accordance with the contract. If the agreement does not specify this then you can leave on or before the last day of the tenancy without notice or penalty.

    Comment


      #3
      My contract does state 2 months notice in writing. So if I was to leave on the day my tennancy expires what could happen?

      Comment


        #4
        Originally posted by Gthorn5 View Post
        My contract does state 2 months notice in writing.
        It's not whether the contract state "2 months notice", it's whether the tenancy is of a fixed term only, or whether it has an initial term that then continue on a contractual periodic basis.
        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


          #5
          Please copy & paste https://forums.landlordzone.co.uk/fo...ll-new-posters

          Comment


            #6
            To expand on post 4, if the tenancy agreement simply says that the term is for x months, then the requirement to give notice is of no effect as the fixed term ends on its last day. So long as you vacate on or before the last day you will all right.

            However, if the agreement says:

            for a term of x months continuing as a monthly periodic tenancy

            or

            for a term of x months and thereafter from month to month

            or

            for a term of x months continuing until terminated by a month's notice

            or some permutation of the above or words to like effect, then you need to give x month's notice.

            Comment


              #7
              The contract does not mention anything about a rolling contract.
              Its a assured shortholf tenancy with a term of 12 months.
              the contract states "under ending the tenancy early:
              not to end the tenancy prior to the end of the fixed term without the written permission of the landlord, such permission will not be unreasnobly withheld,and to compensate the landlord all costs incurred with finding a replacement tenant. The tenant must give at least two months notice in writingto the landlord."

              as I'm not trying to leave early, does this still apply to me?

              Comment


                #8
                The clause was drafted by someone with a weak grasp of the relevant law. Not to worry though because, as you say, it does not apply to you if you do not want to leave early.

                Comment


                  #9
                  On that note, even with a more refined clause, would the contractually periodic tenancy not only begin if the OP stayed in the property? Does moving out and returning the keys prior to the fixed term expiry date essentially mean the contract was not terminated but expired naturally?

                  Another question is to whether by not giving notice, they are breaching contract rather than obligating themselves to the extra 2 months rent..

                  Comment


                    #10
                    If the tenant isn't a resident in the property at midnight on the last day of the fixed term, the tenancy ends due to the "effluxion of time".

                    The tenant would be in breach of contract, but there's nothing the landlord can do about it in practice.
                    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


                      #11
                      LL would be able to charge 2x daily rent (mense profit) for intervening time'?

                      Comment


                        #12
                        What intervening time?
                        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


                          #13
                          End of Tenancy to vacating.

                          Comment


                            #14
                            The OP is asking about leaving at the end of the tenancy without giving the notice demanded by the tenancy agreement, so there's no such period?
                            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


                              #15
                              Originally posted by mariner View Post
                              LL would be able to charge 2x daily rent (mense profit) for intervening time'?
                              No.
                              That is for tenant holding over after valid tenant NTQ.

                              Comment

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