Ending an AST where fixed term is about to end anyway

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

    Ending an AST where fixed term is about to end anyway

    Hi, I wonder if someone can help with this?..

    We have been in the same house for 5 years and every 6 months our landlord gets us to sign a new 6 month agreement. The current agreement is due to end on 31st March.

    We've just been successful in finding another property and want to give notice today on this house. Are we ok to give one month's notice? The fixed term ends at the end of March but I'd like to hand the keys back on 9th April.

    When speaking to my landlord on the phone the other evening he said that we have to give him 2 months notice but I don't see how that is the case if we haven't signed another contract.

    Does anyone know where we stand on this?

    Thanks

    d.

    #2
    You can either,

    leave the house on the last day of your contract without further notice.

    or

    allow the tenancy to become a statutory periodic tenancy and give one month's notice which would have to end after one clear month of the tenancy has passed. The reason being you could not give notice before the SPT starts therefore you would be stuck until the end of May. Part months do not count.

    It might be cheaper for you to do the former if you can find accommodation for the intervening period.
    I offer no guarantee that anything I say is correct. wysiwyg

    Comment


      #3
      ^^^ What jta said (unless your contract terms specify a contractual periodic tenancy to automatically follow the fixed term). But if you manage to convince your landlord that you are indeed entitled to move out at the end of the month there is nothing to stop you negotiating a 9 April move out (make sure it is in writing) as this gives him longer to find a new T.
      Assume I know nothing.

      Comment


        #4
        Originally posted by jta View Post
        You can either,

        leave the house on the last day of your contract without further notice.
        Yes, but it's still advisable for T to give written notice, and keep a copy and proof of posting, to avoid arguments down the line if LL doesn't discover T has left till weeks after he has vacated.

        Comment


          #5
          Originally posted by westminster View Post
          Yes, but it's still advisable for T to give written notice,
          Agreed, it's also essential that the keys are returned to the LL or agent on that last day and that they are acknowledged to have been returned,
          I offer no guarantee that anything I say is correct. wysiwyg

          Comment


            #6
            Originally posted by westminster View Post
            Yes, but it's still advisable for T to give written notice, and keep a copy and proof of posting, to avoid arguments down the line if LL doesn't discover T has left till weeks after he has vacated.
            What arguments?
            If the LL doesn't bother to do his/her job, that's nothing to do with the tenant.
            People on sites like this one should stop telling tenants of what they don't need to do and then perhaps that way, over time as the message spreads, tenants would be clear as to what they need to do and what they don't.
            Anything else is then pure voluntary.

            Comment


              #7
              Originally posted by jta View Post
              Agreed, it's also essential that the keys are returned to the LL or agent on that last day and that they are acknowledged to have been returned,
              I agree. I don't see how the LL wouldn't know the tenant has vacated after this interaction, as Westminster suggests might happen.

              Comment


                #8
                Originally posted by DrunkenJedi View Post
                I agree. I don't see how the LL wouldn't know the tenant has vacated after this interaction, as Westminster suggests might happen.
                If T moves out at expiry of fixed term, this act is what ends the tenancy. Returning the keys is irrelevant and does not prolong the tenancy if T has moved out. Such a scenario is not unlikely, judging by threads on this forum.

                I was pointing out that whilst he has no obligation to do so, it's sensible for T to advise LL that he intends to move out (in writing, keeping proof), in order to avoid LL later arguing that a periodic tenancy arose and T is liable for rent in lieu of notice; again, something which has come up more than once in threads on this forum.

                Comment

                Latest Activity

                Collapse

                Working...
                X