Tenant completes 6 month AST but then leaves a week later.

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    Tenant completes 6 month AST but then leaves a week later.

    On the last day of the initial 6 month AST period the tenant says they are leaving in a week's time - i.e a week's notice given.

    Should they have given a months notice (rent is paid weekly) and therefore can landlord withhold their one month's deposit?

    There is a statement on the signed AST saying the landlord requires a months notice.

    The tenant says they have fulfilled their obligation by staying the 6 months, plus another week, and expects their deposit back.

    The tenant says the landlord is negligent for not asking if the tenant wanted to renew their contract during the final month of the 6 month AST period.

    Remember, weekly paid rent.

    Thanks.

    #2
    Silly tenant: He could have left on or before midnite on the last day & given no notice at all....

    Tenant can leave whenever he likes: Question is, what rent does he owe...

    He should give at least 4 weeks notice (yes, thank you, remembered,...) ending on period end: Now the issue will be what is that period end - 6 month AST but weekly paid rent.
    http://england.shelter.org.uk/get_ad...odic_agreement

    Tenant's allegations are b*ll*cks. He missed the key one: Was a rent book provided???

    You've 3 choices...

    a) Throw toys out of pram, stamp feet & scream, rant & rave: {Satisfying in the short term, achieves nothing}
    it is a tale: Told by an idiot, full of sound and fury, Signifying nothing.
    (MacBeth)
    b) Insist on payment up to min 4-weeks notice: Take tenant to court if he doesn't pay... Get judgement (if good in court & Judge friendly..), pursue tenant for a few hundred ££££ which he may never pay... Arguments about period end date;..
    c) Be reasonable: Accept notice, smile, get new tenant, make more ££££

    Just my view...

    I my limited experience tenants rarely get notice to quit "correct". Why would they, they have very limited experience in such matters.

    Cheers!

    PS Next time if wanting weekly rent payment, end initial fixed term on a weekly-from-start-date: That way periods will line up with rent payment dates (v v unlikely in your case...)
    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


      #3
      The tenant is wrong.

      I'd accept the notice, look at any other issues about remedial work and use the deposit for that or return it.
      Your business is renting property for profit not educating tenants or winning phyrric victories.
      When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
      Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

      Comment


        #4
        Thanks for the replies.

        He left the property in good condition.

        He left me a note on the final day of the 6 month AST saying he'd be leaving the following weekend and he paid for that week.

        I'm trying to establish whether legally he should he have given me a months notice, as per our contract.

        He says he signed up for 6 months and stayed 6 months, therefore he's satisfied our contract.

        Comment


          #5
          He should have either moved out at the end (precise end, not a week later) of the AST or given (at least) a months notice if he stayed beyond that.

          If he offered a weeks notice, paid you for it and you accepted the notice or payment in some way (not just accepting it into your bank - accepted a cheque by hand for example)
          he might have an argument that you accepted the notice in some way.

          My point is that you are probably technically correct, but just accept it and move on.
          Unless three weeks rent is worth a lot of hassle, what's in it for you?
          When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
          Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

          Comment


            #6
            Housing Act 1988 Section 5(3)e says any notice periods in tenancy have no effect when it becomes periodic.
            http://www.legislation.gov.uk/ukpga/1988/50/section/5

            By his remaining for only 1 second after end of initial term it become periodic.

            He should have given at least 4 weeks notice ending on an end-of-period (weekly periods..) date - so he could have got away by serving notice, AFTER end of fixed term, of 4-5 weeks..

            However he does not appear to have served notice AFTER end of fixed term.

            So, I refer you back to my post #2..

            You've 3 choices...
            a) Throw toys out of pram, stamp feet & scream, rant & rave: {Satisfying in the short term, achieves nothing}
            it is a tale: Told by an idiot, full of sound and fury, Signifying nothing.
            (MacBeth)
            b) Insist on payment up to min 4-weeks notice: Take tenant to court if he doesn't pay... Get judgement (if good in court & Judge friendly..), pursue tenant for a few hundred ££££ which he may never pay... Arguments about period end date;..
            c) Be reasonable: Accept notice, smile, get new tenant, make more ££££

            As it stands as he has not given -I think - any valid tenancy you can keep charging him for rent until he does...

            Me, I'd accept notice & moved on: SUMO!

            Cheers!
            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


              #7
              Originally posted by theartfullodger View Post
              Housing Act 1988 Section 5(3)e says any notice periods in tenancy have no effect when it becomes periodic.
              Only if it is a statutory periodic tenancy created by s.5. There is nothing(*) to stop you creating a contractual periodic tenancy.

              (*) Within the bounds of other applicable legislation, of course.

              Comment

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