Termination of Assured Shorthold Tenancy

Frenske · Joined: 20 Mar 2009 Posts: 21

Hi,

I have been given a new AST contract for my flat since the old one will expire on 15th April. I have not signed the contract yet since I have been looking around for other options. However the notice mentions that I need to give one month notice if don't want to sign the contract. Although it would be polite to do so, I cannot find any information if this is legally required. It is not mentioned in the contract nor can i find in the 'Assured and assured shorthold tenancies: A guide for tenants' from the government.
I know that the tenant has to give one month notice for ending the letting agreement (after the first 6months), but am I obliged to give a one month notice even if the contract ends anyway.

Francois

Bluey · Community Moderator Joined: 21 Mar 2006 Posts: 5644

You will find Shelter an excellent source of information - they provide free advice to tenants about their housing rights.

There is no legal requirement to give notice during a fixed term agreement.

"What happens when my agreement runs out?
If your agreement is for a fixed term (eg six months), you can leave on the last day of the fixed term without giving notice. But you must ensure that you do not stay even one day over, or you will automatically become a periodic tenant and will have to give proper notice or come to an agreement with your landlord.

If you intend to leave on the last day you are not legally required to give the landlord any notice, but it's usually a good idea to do so, to avoid any dispute about when you actually left.

http://england.shelter.org.uk/get_advice/renting_and_leasehold/ending_a_tenancy_or_licence/ending_a_fixed_term_agreement

If you don't sign this agreement then you automatically become a periodic tenant which requires you to give 1 months notice or the landlord to give you 2 months notice timed with the rental payment. It's common for landlords to want to lock tenants in on fixed term contracts while others don't mind periodic tenancies (which sound as if this would suit you better). In that case, you'd better instruct them that you won't sign a new AST and take the risk that they give you notice.

http://england.shelter.org.uk/get_advice/renting_and_leasehold/ending_a_tenancy_or_licence/ending_a_periodic_agreement

Property Manager · Joined: 13 Mar 2009 Posts: 27

Dear Frenske

In a word, yes, if your current tenancy agreement does not expire until 15th April you will still need to give notice before you leave on this date.

Bluey · Community Moderator Joined: 21 Mar 2006 Posts: 5644

Property Manager · Joined: 13 Mar 2009 Posts: 27

Bluey · Community Moderator Joined: 21 Mar 2006 Posts: 5644

mutley1 · Joined: 19 Dec 2008 Posts: 434 Location: wacky races

Irrespective of what the legalities are on this issue, I would advise tenants to give their month's notice before leaving as it is only fair that the landlord be given the chance to advertise the property to avoid lengthy voids.

If you leave on bad terms with the landlord, he can make your life difficult by delaying the return of your deposit. He can raise damage issues which he may otherwise forgo if the tenant left on good terms to claw back money he may lose due to the delay of re-advertising the property.

Some AST may also include a specific clause to say that the tenant must give a month's notice to leave on the last day.

tootootootoot · Joined: 26 Mar 2009 Posts: 2

[quote]A fixed term contract requires no notice to be served by either party - it is for that period of time only and though there is a common assumption that one or the other must provide a month's notice before leaving, this is just a common misunderstanding. The requirement for a months notice is not enforceable - there is no requirement in housing law that I am aware of that makes this legit.[/quote]

What if your fixed term AST agreement specifies a term for notice? Mine says "A term of six months commencing on {date} provided that either party may determine this agreement on {date+6 months} by giving the other party not less than two months notice."

Can I still leave the house without giving notice on the final day of the 6 month period without having to pay the next months rent?

mutley1 · Joined: 19 Dec 2008 Posts: 434 Location: wacky races

As I have said in my post above, some AST will have specific clauses with regard on leaving on the last day. You will need to stick to your contract terms as you have signed an agreement to agree to it when you first moved in.

tootootootoot · Joined: 26 Mar 2009 Posts: 2

[quote="mutley1"]As I have said in my post above, some AST will have specific clauses with regard on leaving on the last day. You will need to stick to your contract terms as you have signed an agreement to agree to it when you first moved in.[/quote]

But does that clause mean I must give two months notice if I leave on the last day? Or just if I want to leave before the end of the sixth months?

Bluey · Community Moderator Joined: 21 Mar 2006 Posts: 5644

Toots,

This is clearly something that the contributors to this thread can't agree on. I believe the clauses are invalid and no notice is required to be given to end a fixed term tenancy because housing law trumps the clause and its not enforceable while others disagree.

Check with Shelter or Citizens Advice Bureau - come back and let us know as its a common query on this forum.

Bluey

colin44 · Joined: 07 Jan 2009 Posts: 338 Location: Bristol

mutley1 · Joined: 19 Dec 2008 Posts: 434 Location: wacky races

Bluey · Community Moderator Joined: 21 Mar 2006 Posts: 5644

Nope - my understanding is completely different.

Landlords can insert whatever they like in a contract but it can never replace any existing housing law.

Therefore if its on the statute books that during a fixed term contract, no notice is required to be given, the clauses are irrelevant and can't be enforced.

And, for example, a landlord can have a clause to say a tenant will be evicted within a week of rent arrears but if they act on this, they will be severely punished if the tenant challenges the action in court as it contradicts statutory notice.

mutley1 · Joined: 19 Dec 2008 Posts: 434 Location: wacky races

ajjubaba · Joined: 24 Mar 2009 Posts: 1

Lawson999 · Joined: 12 Aug 2009 Posts: 3

You can issue or fasttrack an eviction if the tenant has done something wrong, such as not paying their rent on time or being in arrears or not looking after the property, by using a Section 8. This means you can apply to the court for an eviction notice after 2 weeks has gone after notice has been served. If the tenant is a persistent nuisance to the neighbouring properties then you can apply to have the eviction undertaken via the courts within the 2 weeks and not wait.

Hope this helps.

Laughing

**Pika** · Joined: 23 Jul 2009 Posts: 42

If your last AST has expired, and you've not yet signed a new one (I'm surprised your agent let it go that long!) then you will probably be on what is known as a rolling contract (aka month-to-month tenency).
In most tenancy agreements there is a clause which states that you should give the landlord "reasonable notice".
Basically, you are not in contract and therefore you can technically leave whenever you want, however the landlord may try to keep part of your bond to cover the period in which they would have usually arranged viewings and marketing.
I would suggest that maybe two weeks notice might be an acceptable compromise to both parties? (I know that in this kind of situation we accept 2weeks at a push). I'd advise you to give your agent a call and talk it through with them Very Happy