Notice at End of a fixed term

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    Notice at End of a fixed term

    Where is the rented property located; England

    Q2 – What type of Tenancy Agreement (TA); Sole 12 month AST

    Q3 – What date did current TA start dd/mm/yy? 25th June 2016 to the 24th June 2017

    Q4 – How long was initial fixed term (6/12/24 months / other)? 1 year

    Q5 – Does the TA state that rent is due weekly? / 4-weekly? / per calendar month; pcm on the 1st of each month.

    Q6 – Did the TA require a tenant damage deposit to be paid? The deposit was paid and protected.

    Q7 – If your query relates to a notice for repossession from the landlord (a Section 8 or Section 21 notice) or a tenants's notice to quit to the landlord, please provide the exact date the notice was sent/received (dd/mm/yy); N/A

    Q8 – Does the landlord live in the same property as the tenant? No.

    I have done some reading around this subject, but can not find a solid answer.
    I have a AST that statements 2 months notice is required to vacate at the end of my fixed term. I intend to move out at the end of the fixed term.
    From the reading I have done it appears that no statutory law requires the tenant to give notice to vacate at the end of the fixed term and that a clause that states this might amount to being 'unfair'. The literature suggests that the Landlord should be given 'reasonable' notice, which I am sure you will agree is highly subjective. In addition, I realise that the key problem with all of this that there has never been a test case ...

    Do you think I am being reasonable if I give the Landlord 2 weeks notice?
    My opinion is my own and is for informational purposes only and does not constitute advice. It is recommended that specific professional advice is sought before acting on any of the information given.

    #2
    You do not need to give any notice, though it is polite to do so.

    When you leave make sure you take loads of photos (ideally with witness) and return keys by end of that day.
    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
      What you're proposing to do is not give notice.
      You're telling the landlord of your intention to leave as a courtesy - don't describe or think of it as "notice".
      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
        jpkeates,

        So what you are saying is because you don't need to give notice, don't call it notice. e.g. consider it a courtesy instead by saying you 'intend' to leave?
        My opinion is my own and is for informational purposes only and does not constitute advice. It is recommended that specific professional advice is sought before acting on any of the information given.

        Comment


          #5
          The disadvantage of giving notice (as opposed to a vague indication of your intention) is that it will bind you (sort of) to leave. Simply saying -- "I will probably leave on the last day but if my plans change I might not and I will let you know as soon as I know" will give you some flexibility. But it is good to be as user friendly as possible in general and tell them that now. If they then point to the clause, tell them to avoid putting unenforceable terms in their agreements in future.

          But the lease term itself is nothing you can be held to.

          Comment


            #6
            Shelter do indicate that if a notice period is included in AST then it could be enforceable.

            However, as others have said,the tenancy legally ends anyway and so notice is not required. Although it would be polite to advise landlord of your intentions.

            Landlord may consider suing for breach of contract but I doubt he would get far as the term would likely be deemed unfair. I have no idea if any landlord has tried this

            Comment


              #7
              I would suggest any advance warning should be unequivocal confirmation ie I will vacate on last day of fixed term, for the avoidance of doubt. It should cost T no more than a Royal Mail stamp.

              Comment


                #8
                mariner,

                Would an email suffice instead of a letter? As I have an open line of communication with the Landlord.
                My opinion is my own and is for informational purposes only and does not constitute advice. It is recommended that specific professional advice is sought before acting on any of the information given.

                Comment


                  #9
                  Does you contract say E-mail is an appropriate method.

                  Do you and other party have a contractually agreed digital signing method -- otherwise E-mail is not secure, provable or safe.

                  (This is if you want to give formal notice, which you do not)

                  Comment


                    #10
                    This is not a formal notice, just communication between tenant and landlord.

                    If the landlord has provided an e-mail address to communicate with him then you can of course use it.

                    Comment


                      #11
                      Yes indeed - getting confused between threads. You want it to be vague, and specifically NOT give formal notice.
                      When you do give formal notice, then do it formally.

                      Comment


                        #12
                        The tenant cannot give formal notice.

                        Comment


                          #13
                          Thank you for all the responses. You have all been incredibly helpful.
                          My opinion is my own and is for informational purposes only and does not constitute advice. It is recommended that specific professional advice is sought before acting on any of the information given.

                          Comment


                            #14
                            Does the agreement provide for the tenancy to continue on a periodic basis after the initial term?

                            The answer will affect your position.

                            Comment


                              #15
                              The AST states that it will continue as a Statutory periodic tenancy agreement, once the fixed term ends. No nothing new as any AST does this if you don't vacate.
                              My opinion is my own and is for informational purposes only and does not constitute advice. It is recommended that specific professional advice is sought before acting on any of the information given.

                              Comment

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