Leaving shorthold tenancy

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

    Leaving shorthold tenancy

    I'm hoping this will be the last time I have to ask for advice about my terrible letting agents- I've found a job in a different part of the country, and am hoping to have much better luck with accommodation this time round.

    I entered into a 12-month shorthold tenancy agreement on 27th November last year. This agreement came with a break clause- 2 months notice either side. Had numerous problems with the flat (and battles with the letting agent), but didn't search for a new one straightaway as I was looking for a job outside the area I'm in, and didn't want to get trapped in another contract if I was just going to leave again.
    The contract expires on 27th November. Letting agents recently sent me a new contract to sign, for the next 12 months. I held off signing it because I was waiting to hear news on whether I'd got the job. I, in fact, never said (verbally or in writing) that I'd like to renew the contract- I think they just assumed I would and sent it along to me.

    I gave the letting agent notice today, and they're not happy, saying:

    Within the terms of the current tenancy…due to expire on 26th November 2012..you must give 2 months notice. The new tenancy has been agreed on a periodic basis but still with two months notice. The notice should be given to coincide with a payment date, not a random date.
    Technically now if you wanted to leave at the end of the current agreement notice should’ve been given at the end of September to leave at the end of November…the situation now means if I accept your notice from say 27th of October…giving some licence here…then your leave date will be 26th December 2012.


    I explained to them that I hadn't signed the new tenancy, so it hadn't been agreed, on a periodic basis or otherwise, and that I wasn't invoking the break clause, just not signing a new agreement. They've replied:

    We still should’ve had two months notice to leave at the end of the tenancy…
    Am I to take it that you will vacate the flat at the end of the current agreement on 26th November 2012…as you have not signed or entered in to the new agreement ..this should be your leave date.


    (I apologise, incidentally, for my letting agent's overuse of ellipses, which drives me up the wall)

    My new job starts in early December- I don't have a definite date yet, and in an ideal world, I'd leave my current flat around then. Obviously I understand that we don't live in an ideal world and I can see her point about notice needing to coincide with the payment date. However, I'd rather not be paying for all of December if I'm only going to be there for the first 3 days of it. However, from her latest email, I'm not sure whether she's saying that if I leave on 26th November, I'd only have to pay until then? (this could be an option. I could sleep on a friend's floor for a few days).

    What do people think? Thanks in advance for your help, and please let me know if I'm not making much sense.

    #2
    you are within your rights to vacate at the end of the fixed term without ANY notice. its courteous to do so, but you dont have to. just as long as you vacate by the 26th of november
    All views posted reflect my personal opinion only and do not constitute professional advice which I am not qualified or knowledgeable enough to provide.

    Comment


      #3
      Originally posted by 72stroopwafels View Post
      I entered into a 12-month shorthold tenancy agreement on 27th November last year. ...
      The contract expires on 27th November.
      Is this what the contract specifies? Because a 12 month term commencing 27th Nov 2011 would expire 26th November 2012, as the agent says.

      I gave the letting agent notice today, and they're not happy, saying:

      Within the terms of the current tenancy…due to expire on 26th November 2012..you must give 2 months notice. The new tenancy has been agreed on a periodic basis but still with two months notice. The notice should be given to coincide with a payment date, not a random date.
      Technically now if you wanted to leave at the end of the current agreement notice should’ve been given at the end of September to leave at the end of November…the situation now means if I accept your notice from say 27th of October…giving some licence here…then your leave date will be 26th December 2012.
      Nonsense, basically. You do not have to give any notice to end a fixed term tenancy, because it expires anyway 'by effluxion of time'. If you are not in occupation when it expires, then the fixed term tenancy will not be replaced by a periodic tenancy. Therefore, tenancy over.

      Am I to take it that you will vacate the flat at the end of the current agreement on 26th November 2012…as you have not signed or entered in to the new agreement ..this should be your leave date.
      This much is [rather miraculously] correct.

      My new job starts in early December- ...However, I'd rather not be paying for all of December if I'm only going to be there for the first 3 days of it. However, from her latest email, I'm not sure whether she's saying that if I leave on 26th November, I'd only have to pay until then?
      If you are in occupation at fixed term expiry, at midnight of 26th November, then a statutory periodic tenancy will arise, and as of then you'll be obliged to give written notice if you wish to unilaterally end the tenancy (and thus end your liability for rent).

      I'll assume rent is payable monthly, in which case your notice would have to give at least one month and also expire on the 26th of a month; in effect, this means that the earliest it could expire, if you gave notice between 27th November and 26th December, would be 26th January (albeit the agent appears willing to accept notice given now to expire 26th December, which you can't technically do, as right now the periodic tenancy doesn't exist, and you can't give notice to end a non-existent periodic tenancy).

      The short answer is to make sure you vacate by 26th November, and the tenancy and your rental liability will end there. If you don't vacate by then, you will be liable for at least a month's more (or potentially two months' more) rent.

      Comment


        #4
        What of course has not been said is that you can serve Notice to expire on 26 December (inconvenient I know) providing you serve it before 26 November on the agent or landlord. Otherwise as has already been advised you can move on or before 26 November without any liability to serve any notice.
        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


          #5
          Originally posted by Paul_f View Post
          What of course has not been said is that you can serve Notice to expire on 26 December (inconvenient I know) providing you serve it before 26 November on the agent or landlord.
          No. OP cannot serve notice during the fixed term to end a periodic tenancy which is, at the time of service, non-existent. He can only serve notice to end a periodic tenancy after the periodic tenancy has arisen, which can't happen until after fixed term expiry.

          Comment


            #6
            Originally posted by westminster View Post
            No. OP cannot serve notice during the fixed term to end a periodic tenancy which is, at the time of service, non-existent. He can only serve notice to end a periodic tenancy after the periodic tenancy has arisen, which can't happen until after fixed term expiry.
            Thanks I hadn't thought of that!
            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

            Latest Activity

            Collapse

            Working...
            X