Ending a fixed term tenancy

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    Ending a fixed term tenancy

    Hi there,

    I am currently struggling with a tenancy issue, and would much appreciate any any advice. My fixed term tenancy agreement is up for renewal on the 15th if August 2021. The agents emailed me a few weeks ago and asked if I would renew, there was no particular details stated in the email, other that a proposed increase of 2.5%. no notice period, no contract length, and no total amount was mentioned though. A few days later I replied and said "I am happy to go ahead with the renewal". I have not yet signed the new agreement though.

    Unfortunately my circumstances have changed and I am no longer able to afford the property. I phoned the agent today (21st of July 2021) to explain the situation, as well as offer to pay for an extra 6 days after the 15th if August as I am not giving a full month's notice to not renew the contract. The leasing agent went off the hinge and started saying that I would need to give at least 2 months notice and there is no way around it, I will be responsible for rent and utilities until the 21st of September. Unfortunately this is not something I can afford, but the leasing agent didint want to hear it.

    The contract in place at the moment ends on the 15th of August, and doesn't state anything about notice needed before the contracts natural end.

    So I would like to know what my rights are here and what the law is? I don't believe I should be responsible for the property after the 15th of August, nor should I have to pay any rent past that date. I feel that I have only agreed to intend to sign the renawal, but there was nothing legally binding stated.

    ​​​​​​​Any advice would be greatly appreciated.

    #2
    Originally posted by Jamsey1992 View Post
    The contract in place at the moment ends on the 15th of August, and doesn't state anything about notice needed before the contracts natural end.
    If that is the case no notice needs to be given. You must though leave on or before 15th August otherwise a new periodic tenancy will arise under which you will have to give notice.

    The law:

    A fixed term tenancy is a tenancy which is expressed to be for a definite period without any provision for it to continue.

    If a tenancy is a fixed term tenancy it ends when the fixed term expires. There is no need to give notice even if the contract say that notice must be given.

    Comment


      #3
      Your fixed term ends on the 14th, you need to vacate the property and hand back the keys etc, if you stay longer you will be liable to the increase in rent, giving 1 month notice etc etc.

      I would talk to a manager rather than the unprofessional agent, at the end of the day if you can't afford the rent why would anyone keep you in a property racking up arrears....

      Comment


        #4
        Thank you so much for confirming I thought and how I understood this to work. Just to confirm then, the email that I replied to confirming that I intended to sign the lease renewal won't effect the end date of the current contract as I have not signed the renewal contract?

        Comment


          #5
          The email in which you agreed to the renewal is quite likely a contract in itself.
          The agent has made some form of offer, which you have accepted.
          So you've probably agreed to agree a new tenancy.

          But if you've now changed your mind, I'd tell them as soon as possible.
          The worst that they could do is claim you've broken your agreement to have a new agreement, but it's hard to imagine them suffering any loss as a consequence or (even less likely) trying to force you to agree to the new agreement.
          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


            #6
            Originally posted by Lawcruncher View Post
            You must though leave on or before 15th August otherwise a new periodic tenancy will arise under which you will have to give notice.
            The above should read:

            You must though leave on or before 14th August otherwise a new periodic tenancy will arise under which you will have to give notice.

            Comment


              #7
              So to confirm, even though I have expressed intent to sign the new agreement, my circumstances have now changed and I am no longer able to sign the new agreement, I am fully within my right to leave before the 14th of August, and will not be liable for any further rent?

              Comment


                #8
                Originally posted by jpkeates View Post
                The email in which you agreed to the renewal is quite likely a contract in itself.
                The agent has made some form of offer, which you have accepted.
                So you've probably agreed to agree a new tenancy.

                But if you've now changed your mind, I'd tell them as soon as possible.
                The worst that they could do is claim you've broken your agreement to have a new agreement, but it's hard to imagine them suffering any loss as a consequence or (even less likely) trying to force you to agree to the new agreement.
                Although from the sounds of things what OP might have agreed to is meaningless. If he was (as is said) asked "Do you want a renewal" - answer "Yes" that only created a contract if the meaning of renewal is defined somewhere. The renewal might be for an extra month, or a year or just a day.

                Sounds as if you must depart fully on the 14th and hand back the keys on that day (and get proof you did that).

                Comment


                  #9
                  Originally posted by AndrewDod View Post

                  Although from the sounds of things what OP might have agreed to is meaningless. If he was (as is said) asked "Do you want a renewal" - answer "Yes" that only created a contract if the meaning of renewal is defined somewhere. The renewal might be for an extra month, or a year or just a day.

                  Sounds as if you must depart fully on the 14th and hand back the keys on that day (and get proof you did that).
                  I totally agree.
                  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


                    #10
                    Thank you all so much for the advice, I really appreciate it

                    Comment

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