Tenant wants to leave at end Fixed Term

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    Tenant wants to leave at end Fixed Term

    I have a 6 month Assured Shorthold Tenancy. Commenced 21/12/10, ends 20/06/11. I want to move out at the end of the Fixed Term on 20th June.

    I made an offer on another property today (26 May) and went into my Letting Agent with notice to leave. However, they say I can only give notice by rent due dates and move out at the end of the rent payment period. i.e. they say that I can only move out on 20 July after paying a further month's rent on 21 June, unless they can find a replacement tenant. This of course means that I will lose the new property as the new Landlord won't wait nearly two months as I've just gone over my rent due date by a couple of days. I really don't want to lose this property as it's so difficult finding something suitable. I have no problem giving a full month's notice and paying pro-rata for the extra few days over the end of the rent period. Any other Letting Agent I've rented with have been agreeable to this as they appreciate that I'm a good tenant.

    The Tenancy Agreement says, "Should the tenant wish to vacate at the end of the fixed term, then the tenant must do so in writing giving the landlord at least one month's notice. Failure to do so will mean that the tenancy does not come to an end but becomes a periodic tenancy."

    I've read on the Shelter site that no notice is required to move out at the end of a Fixed Tenancy, but don't stay even one day over, otherwise it changes to a Periodic Tenancy. However, I always do the right thing, give notice, pay on time, maintain the property immaculately.

    What is the law on this?

    Help please

    #2
    I think I am right, and others here will no doubt confirm, that you do not need to give any notice at all, provided you leave before midnight on the last day of the fixed term. You can even leave earlier, provided rent is paid up to date until the end of fixed term.

    Most tenancy agreements seem to include a similar clause, and it is always good for the LL to get an idea of when their properties will be vacant, but you have given notice today and that is all you need do. I take it you gave your notice in writing and kept a copy?

    Comment


      #3
      The number of times this question is asked when it has been answered so many times on other threads it gets a bit well, boring I suppose - yes Lesley Anne is right - but as OP you should look at the FAQ section first before posting.
      The advice I give should not be construed as a definitive answer, and is without prejudice or liability. You are advised to consult a specialist solicitor or other person of equal legal standing.

      Comment


        #4
        T
        Originally posted by Paul_f View Post
        The number of times this question is asked when it has been answered so many times on other threads it gets a bit well, boring I suppose - yes Lesley Anne is right - but as OP you should look at the FAQ section first before posting.
        Agree with you Paul F but the search engine is throwing up some anomolies during upgrade, same as 2008, I had to change browser to log in tonight.

        OP you can vacate on expiry of AST without noice etc but it would be prudent to give notice if you value good references etc, no one likes an empty prop

        Comment


          #5
          I'm sorry but i have scoured the site and couldn't find the answer. That's the reason I'm asking. Could you send me a link please. I'm desperate to know what my rights are. I even painfully ploughed through the Housing Act 1988 but it doesn't make sense to me. I couldn't find a section on being able to leave on the last day of a Fixed Tenancy. Also, the Tenancy Agreement seems to override the advice given here, so what can I quote? Thanks

          Comment


            #6
            Originally posted by trill View Post
            I'm sorry but i have scoured the site and couldn't find the answer. That's the reason I'm asking. Could you send me a link please. I'm desperate to know what my rights are. I even painfully ploughed through the Housing Act 1988 but it doesn't make sense to me. I couldn't find a section on being able to leave on the last day of a Fixed Tenancy. Also, the Tenancy Agreement seems to override the advice given here, so what can I quote? Thanks
            It's fairly simple. You're in a contractual tenancy for a fixed term, once that fixed term expires then you enter a periodic tenancy. What part of that do the LA not comprehend. You cannot bind T for a period longer than the fixed term as a lease has to be for a term certain, only on its lapse does it become a periodic tenancy which is controlled by statute and runs from one period to the next (ie monthly). if they think they have other rights then tell them to actually take the time to get some sort of qualification or actual training in the business of letting property.
            [I]The opinions I give are simply my opinions and interpretations of what I have learnt, in numerous years as a property professional, I would not rely upon them without consulting with a paid advisor and providing them with all the relevant facts[I]

            Comment


              #7
              Originally posted by MrJohnnyB View Post
              It's fairly simple. You're in a contractual tenancy for a fixed term, once that fixed term expires then you enter a periodic tenancy. What part of that do the LA not comprehend. You cannot bind T for a period longer than the fixed term as a lease has to be for a term certain, only on its lapse does it become a periodic tenancy which is controlled by statute and runs from one period to the next (ie monthly). if they think they have other rights then tell them to actually take the time to get some sort of qualification or actual training in the business of letting property.
              That's just what I'm looking for. Letter to LA organised. I've quoted Housing Act, 1988 s.5(3)(e).

              If they want to quibble over having less than a month's notice, I'm ready for the fight!!!

              Thanks.

              Comment


                #8
                Yes. If T vacates on fixed-term expiry, the Agreement:
                a. ceases to be within the Housing Act 1988 [see s.1]; and
                b. therefore cannot continue at all- SPT arises only if T occupies.
                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 trill View Post
                  The Tenancy Agreement says, "Should the tenant wish to vacate at the end of the fixed term, then the tenant must do so in writing giving the landlord at least one month's notice. Failure to do so will mean that the tenancy does not come to an end but becomes a periodic tenancy."
                  I know it's not the norm, but as it was included and was agreed by the T signing the AST, is this clause not binding?
                  IANAL (I am not a lawyer). Anything I say here is just an opinion, so should not be relied upon! Always check your facts with a professional who really knows their onions.

                  Comment


                    #10
                    I have given my notice to end the Fixed Term. According to the interpretation of the Housing Act 1988 s5.(3)(e), the advice on Shelter site, various comments on forums, I felt confident enough to stand down the assertion of the LA.

                    Hopefully they will realise that I'm right and they're wrong so I can leave when I need to in order to take on the next tenancy.

                    Ironically, the person in the LA who took my written notice today, said she is not an expert in Tenancy Law. Where do they get these people? Don't they train and become registered ARLA members, etc. Even more ironic is that I was considering a job in a rival LA. I probably know more about giving notice than this lot.

                    Comment


                      #11
                      Originally posted by Grrr View Post
                      I know it's not the norm, but as it was included and was agreed by the T signing the AST, is this clause not binding?
                      No, it cannot prejudice the tenant's lawful entitlement and it is an unenforceable term.
                      The advice I give should not be construed as a definitive answer, and is without prejudice or liability. You are advised to consult a specialist solicitor or other person of equal legal standing.

                      Comment


                        #12
                        Originally posted by trill View Post
                        I have given my notice to end the Fixed Term. According to the interpretation of the Housing Act 1988 s5.(3)(e), the advice on Shelter site, various comments on forums, I felt confident enough to stand down the assertion of the LA.

                        Hopefully they will realise that I'm right and they're wrong so I can leave when I need to in order to take on the next tenancy.
                        Yes, you are right and they aren't. Well done for sticking to your guns!
                        Oh, and T does not really need to give 'notice to end the Fixed Term'. If T leaves there and then, it just ends.
                        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

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