Question about AST One month notice

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    Question about AST One month notice

    I am in a 12 month fixed term assured shorthold tenancy agreement. The fixed term ends on 31st May.

    I phoned up the estate agent on 2nd of May out of courtesy to let them know I would not be continuing. However they were being very rude and said that I am required to give 1 months notice and as I am a day late in telling them I have to stay here until 30th June.

    However in my contract it states the following:

    "Under the Assured Shorthold Tenancy, after the fixed term has expired, the Landlord is required to give two months notice to his Tenant. The Tenant is required to give one months notice to his Landlord/Agent. Either Party to serve notice on the rental date"

    Because of this statement do I only have to give notice if I continue to live here past the 31st?

    Thanks in advance

    #2
    You do not have to give any notice to leave on 31st May.
    http://www.hlpa.org.uk/cms/wp-conten...-last-day.docx
    This doc from the Housing Law Practitioners Association explains all - if you can't read 'docx' files, post back and I shall see what I can do.

    Comment


      #3
      Originally posted by lucasmeister View Post
      However in my contract it states the following:

      "Under the Assured Shorthold Tenancy, after the fixed term has expired, the Landlord is required to give two months notice to his Tenant. The Tenant is required to give one months notice to his Landlord/Agent. Either Party to serve notice on the rental date"

      Because of this statement do I only have to give notice if I continue to live here past the 31st?
      Not because of the clause in the contract; it's the law anyway.

      You do not have to give any notice to vacate by 31st May because the fixed term tenancy already ends at midnight on that date.

      If you are in occupation at fixed term expiry, a statutory periodic tenancy would arise, automatically, replacing the fixed term tenancy (if which case the tenancy would effectively continue, and after which you would indeed be obliged to give notice to end it). But if you vacate before midnight on 31st May, no statutory periodic tenancy will arise, so the tenancy will simply end on that date.

      Comment


        #4
        thanks for the reply.

        so looks like they were trying to scam me then?

        Comment


          #5
          Either scam you or they are an agent ignorant of the law.

          Agents require no qualifications, no training, no knowledge. Ignorance of the law does happen in that esteemed profession.
          I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

          Comment


            #6
            Far more likely to be ignorance than trying to scam you.

            Comment


              #7
              Originally posted by westminster View Post
              Far more likely to be ignorance than trying to scam you.
              Have to agree. Many agents think that because it's in the AST then it's enforceable. You might find that there is a lot more in your tenancy agreement that you can ignore too, but that's acquired knowledge!
              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


                #8
                Just been to the letting agent and they are having none of it. they say that clause comes into effect...

                They say that they have phones their solictors as well.

                Comment


                  #9
                  I take it that you will be out of the property on or before the 31st May 2012?

                  If so, then you have nothing to fear long term, but you may have to write a few letters to get your deposit back, if that is your concern.
                  You will find a lot of agent bashing on this forum, but you will find that it is a common misconception that most landlords and tenants get wrong as well.
                  Allow tenants to protect their own deposits. I want free money when they do it wrong

                  Comment


                    #10
                    Lucas the agent is wrong.

                    See Shelter's views on the matter...
                    http://england.shelter.org.uk/get_ad...ld_tenancies#2

                    It is possible to leave on the day your tenancy ends without giving any notice, but this is not usually advisable.
                    Just email but also snail-mail write (yes, WRITE!!, keep a copy, get **free** proof of delivery from any post office) a calm, polite letter to landlord, copy agent, stating you are leaving on xx date & invite a check-out of inventory.

                    Just-in-case take loads of photos of the place and get this witnessed.

                    Cheers!

                    Artful (Landlord since 2000...)
                    I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

                    Comment


                      #11
                      Thanks for the advice guys.

                      They are contacting their solicitors again to check on the clauses etc.

                      Myself and the 3 others I live with all have guarantors on the contract, so what happens if they try to charge them? (which they say they will do if we dont pay up for the extra rent)

                      Comment


                        #12
                        "Under the Assured Shorthold Tenancy, after the fixed term has expired, the Landlord is required to give two months notice to his Tenant. The Tenant is required to give one months notice to his Landlord/Agent. Either Party to serve notice on the rental date"

                        Read again slowly, folks, the Agent is not wrong - he is just re-iterating SPT requirements. The clause states 'sfter the fixed term has expired' (at midnight when SPT has been created.
                        No scam IMO, poss AST required T to give 2 month notice by end of month 4 of fixed term.
                        OP, only if you vacate T on last day of fixed term is no Notice reqd. If you vacate earlier, some Notice may be reqd (2 mo?). If you leave later then 1 month notice reqd to be served before end of a T period and expire at end of next period (not nec rent date). Only the last bit in clause referring to rent date may be confusing.
                        Gs are liable for any rent etc, lawfully due to LL, as per above.

                        Comment


                          #13
                          Originally posted by mariner View Post
                          "Under the Assured Shorthold Tenancy, after the fixed term has expired, the Landlord is required to give two months notice to his Tenant. The Tenant is required to give one months notice to his Landlord/Agent. Either Party to serve notice on the rental date"

                          Read again slowly, folks, the Agent is not wrong - he is just re-iterating SPT requirements. The clause states 'sfter the fixed term has expired' (at midnight when SPT has been created.
                          No scam IMO, poss AST required T to give 2 month notice by end of month 4 of fixed term.
                          OP, only if you vacate T on last day of fixed term is no Notice reqd. If you vacate earlier, some Notice may be reqd (2 mo?). If you leave later then 1 month notice reqd to be served before end of a T period and expire at end of next period (not nec rent date). Only the last bit in clause referring to rent date may be confusing.
                          Gs are liable for any rent etc, lawfully due to LL, as per above.
                          Yes but I plan on leaving on the last day (31st) so I will be serving the whole fixed term and not vacating early or late...?

                          Comment


                            #14
                            You plan leaving on the last day, what about your housemates? Until the spt comes into force, you can not act unilaterally

                            Comment


                              #15
                              Originally posted by lucasmeister View Post

                              They are contacting their solicitors again to check on the clauses etc.

                              Myself and the 3 others I live with all have guarantors on the contract, so what happens if they try to charge them? (which they say they will do if we dont pay up for the extra rent)
                              If it's a joint tenancy, then you must all vacate by 31st May if you wish the tenancy to end then. If even one of you is in occupation at fixed term expiry, a statutory periodic tenancy will arise, and the joint tenancy will continue, with all of you continuing to be liable for rent (whether you've moved out or not).

                              Comment

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