Ending a Fixed Term Tenancy

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    #1

    Ending a Fixed Term Tenancy

    Dear all,

    Hoping someone could advise. I am currently renting a property which has a fixed term of 6 months, and after that it will roll over month by month.

    I moved in on 29th July 2010 and have sent a letter to Landlord saying I will be moving out on or before the 29th January 2011. Which is 6 months exactly.

    Now, am I able to do this? My thinking is yes as its the end of the 6 months?

    Just worried they will come back and say I have to complete 6 months before I can hand notice in??

    Regards
    Tags: None
    #2
    If you as T leave at the exact end of the fixed term, no Notice AT ALL is necessary- although I agree that a polite notification one month in advance would be courteous.

    Note that a fixed six-month term beginning on 29 July will expire on (= at end of) 28 January!
    JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
    1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
    2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
    3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
    4. *- Contact info: click on my name (blue-highlight link).

    Comment

      #3
      Thank you so much for the advice!! We tend to communicate by text etc, so have sent text and emal and a letter is in the post. Does it matter if the letter arrives after the 29th December? I only sent it today confirming me leaving. 28th January it is then!

      Comment

        #4
        Your move out date would be the 28th of Jan not the 29th.

        What is the end date in the tenancy agreement? You don't have to give notice that you are leaving once the tenancy expires but it is polite to do so and it means you can organise deposit return, bill payments etc...

        If you have signed a 6-month tenancy you are free to vacate on or before the end date in the tenancy. If you stay past the end date then the tenancy will (legally) automatically revert to a periodic tenancy (with the same terms as the original tenancy) and you'll need to give 1-months notice to quit.

        ETA: Curse you Jeffery with your fast typing!!!
        There is always scope for misinterpretation.

        If my posts can be interpreted in two ways, one that makes you feel angry and one that doesn't, I meant the latter.

        Everyday is an opportunity to learn something new.

        Comment

          #5
          Originally posted by TheChief View Post
          Does it matter if the letter arrives after the 29th December? I only sent it today confirming me leaving. 28th January it is then!
          No, because- as I explained- you didn't actually have to send the letter at all.
          JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
          1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
          2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
          3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
          4. *- Contact info: click on my name (blue-highlight link).

          Comment

            #6
            Originally posted by mk1fan View Post
            If you stay past the end date then the tenancy will (legally) automatically revert to a periodic tenancy (with the same terms as the original tenancy) and you'll need to give 1-months notice to quit.
            Yes, although:
            a. 'revert' should read 'continue' [as a statutory periodic tenancy (SPT)];
            b. that SPT arises ONLY if the first letting was within the Housing Act 1988; and
            c. any such one-month Notice must run up to & inc. an SPT month-end.
            JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
            1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
            2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
            3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
            4. *- Contact info: click on my name (blue-highlight link).

            Comment

              #7
              Both of you, thank you!

              So the text/email I sent says 29th January, but should I make sure letter says 28th January and point out my mistake? I don't want them saying I said 29th. I had no idea you didn't have to give notice! Definitely don't want to start a periodic tenancy. The property is a flat which is part of a converted house, i live on ground floor. The noise from above is unbearable, I don't know whether I need to state reasons for moving?

              Comment

                #8
                Yes- best just to send a correction, saying that you'll vacate on or before 28 January.
                Don't state any reason; keep it short and simple.
                JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
                1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
                2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
                3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
                4. *- Contact info: click on my name (blue-highlight link).

                Comment

                  #9
                  Originally posted by mk1fan View Post
                  Curse you Jeffery with your fast typing!
                  Who's that, then?
                  JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
                  1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
                  2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
                  3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
                  4. *- Contact info: click on my name (blue-highlight link).

                  Comment

                    #10
                    Thank you so much. Very much appreciated, Happy New Year to you both!

                    Comment

                      #11
                      Originally posted by jeffrey View Post
                      Who's that, then?
                      Curse me for my bad fast typing!
                      There is always scope for misinterpretation.

                      If my posts can be interpreted in two ways, one that makes you feel angry and one that doesn't, I meant the latter.

                      Everyday is an opportunity to learn something new.

                      Comment

                        #12
                        Originally posted by mk1fan View Post
                        Curse me for my bad fast typing!
                        Don't worry, he will...
                        'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

                        Comment

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