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Fixed term tenancy agreement - notice?

(22 Posts)
GnomeDePlume Mon 18-Jun-18 19:58:32

DD has a fixed term tenancy agreement for 9 months (student). Tenancy agreement comes to an end at the end of this month. Landlord is now saying that DD was supposed to give 1 months notice.

DD spoke to the landlord a week ago to confirm the precise date the agreement ended and had the date confirmed. At that point nothing was said about notice.

I have looked on the Shelter website which is pretty clear that notice is not normally required.

Landlord is claiming this is normal but this is DD's third tenancy (different places, different landlords) and this is the first time we have come across this.

Is this a thing or is the landlord trying it on?

My interest is that I am guarantor so don't want to pay an extra months rent if I don't have to!

Can anyone give me their thoughts please?

specialsubject Mon 18-Jun-18 21:09:47

england?

no notice required as long as tenant gone before end of day when tenancy expires.

get her to read her how to rent. bad landlords prey on ill informed tenants.

GnomeDePlume Mon 18-Jun-18 21:30:03

Yes, England. I will phone the landlord tomorrow (I have been paying the rent). We have had experience of a landlord trying to pull a fast one on the deposit but got that sorted. DD said that when she spoke to the landlord today (to confirm arrangements for dropping off keys) he got very loud and wouldnt let her speak which instantly got me suspicious.

My guess is that they look to bully students into an extra month's rent.

GnomeDePlume Mon 18-Jun-18 21:35:57

Interestingly its Rightmove listing shows it as available for rent from 29/6. If DD was supposed to be giving a month's notice then she would still be living there!

GnomeDePlume Mon 18-Jun-18 21:46:55

Sorry, I meant to say thank you!

Jonbb Mon 18-Jun-18 23:33:30

You must check the tenancy agreement, for example mine require a two month notice period.

GnomeDePlume Tue 19-Jun-18 03:34:28

unfortunately paperwork is in the flat in DD's uni town

Jonbb is that 2 month's notice to end the agreement early or 2 month's notice before the end of the fixed term? If no extra time has been requested isnt the notice effectively given by saying I will rent A address from X to Y dates?

It seems strange to me to give notice of ending an agreement which already had the end built into it. Obviously I am less experienced in property matters, this was just my experience in contracting work.

This flat is going to get awfully crowded. It is listed as available from the end agreement, the builders currently renovating the other flats think they are renovating DD's flat from after next weekend when she is due to move out. Landlord wants DD to give a month's notice which should mean she would then have the right to stay there. I'm not sure how they are all going to fit in wink.

specialsubject Tue 19-Jun-18 09:22:36

tenancy agreement does not over ride law.

daughter writes to landlord, send with free proof of posting, saying she will be gone by end of tenancy, referring to the info on the shelter website about this. gov uk quite often links to them.

not kiddy comms, a letter, now.

GnomeDePlume Tue 19-Jun-18 12:12:25

specialsubject thank you. DD will do that.

Jonbb Tue 19-Jun-18 13:59:35

A tenancy agreement is a contract. If you enter into a contract you are bound by that contract. My TA s say if the tenant does not wish to remain in the property at the end of the fixed term, they must give two months notice, with the end date, the final day of the fixed term period. The reason many ll do this, is because if the T does intend to remain in the property, either being issued with a new fixed term, or holding over on the same terms with a statutory periodic, everything is then clear to all parties. You need to look to the TA to establish whether it is necessary to give notice. If the TA is silent as to a notice period, then the T ends on the last day of the fixed term period.

Jonbb Tue 19-Jun-18 14:06:04

This is what Shelter says. Please use resources like this when you need facts and legal advice because some of the people giving advice on here talk a load of rubbish.

Check if you need to give notice to leave

Your tenancy agreement may say you must tell your landlord if you intend to leave on the last day and when to say you're leaving. If you don't do this, your landlord might be able to claim money from you for breaking a term of your contract.

With some fixed term tenancy agreements, your tenancy becomes a contractual periodic tenancy when the fixed term ends.

Your tenancy agreement may say something like: 'this contract is for a fixed term of 12 months and thereafter your tenancy will continue as a contractual periodic tenancy'.

Toend a contractual periodic tenancy, you must give your landlord a valid notice to quit after the fixed term expires. Your contract may include a term setting out how much notice you need to give.

specialsubject Tue 19-Jun-18 16:17:23

good luck enforcing a tenancy agreement that tries to over-ride the law.

in England all tenancy agreements go periodic when they expire if the tenant is still living there. No escape and no need to do anything.That's why it is important that the OP's daughter is gone before it expires, otherwise she will have to give a month's notice.

it is courteous to tell the landlord you are leaving but it is not essential. Although it is wise as it makes it very clear that you have left. Not knowing if the tenant is going or staying at the end is one of the things you have to cope with as a landlord.

this landlord is clearly trying to get money from a tenant who won't/can't live there as the place is listed as available and will be refurbished.

Jonbb Tue 19-Jun-18 16:58:41

specialsubject you really don't know what you are talking about. Check the Shelter site or are they wrong too?

Jonbb Tue 19-Jun-18 17:15:09

Straight from the Shelter website, again Rolling eyes. If you specialsubject are a landlord I very much hope you will go on a course to learn the law. When doing business it's a great help. Look at the wording usually

Leaving on the last day of the fixed term

A fixed term tenancy usually ends automatically if you leave by the last day of a fixed term contract.

It’s a good idea to let your landlord know you intend to leave. It can help avoid problems with references or*deductions from your tenancy deposit.*

Check if you need to give notice to leave

Your tenancy agreement may say you must tell your landlord if you intend to leave on the last day and when to say you're leaving. If you don't do this, your landlord might be able to claim money from you for breaking a term of your contract.

With some fixed term tenancy agreements, your tenancy becomes a contractual periodic tenancy when the fixed term ends.

Your tenancy agreement may say something like: 'this contract is for a fixed term of 12 months and thereafter your tenancy will continue as a contractual periodic tenancy'.

Toend a contractual periodic tenancy, you must give your landlord a valid notice to quit after the fixed term expires. Your contract may include a term setting out how much notice you need to give.

specialsubject Tue 19-Jun-18 17:24:20

that is from shelter....

whining about facts doesn t change them.

GnomeDePlume Tue 19-Jun-18 17:39:46

DD is leaving just before the end of the fixed term tenancy. She won't have entered the periodic tenancy as she will already be gone. Landlord is advertising the property as available from the end of DD's fixed term tenancy.

DD isn't looking to leave the fixed term early. Rent has been paid to the end of the fixed term.

Lesson has been learnt to make sure she has communicated proactively with the LL to say she's leaving at the end of the fixed term just to make sure everyone is clear.

In her defense she did contact LL by phone a week or so ago to confirm precise date of the end of the tenancy as I had been paying rent a day or two early to be on the side of the angels.

Jonbb Tue 19-Jun-18 19:54:35

specialsubject you look silly smile

Nightfall1 Tue 19-Jun-18 20:08:12

specialsubject

jonnbb is correct. You post a lot on housing issues but you often do give incorrect advice- sorry to say. I usually ignore your posts but when I see incorrect advice being given it really does need to be countered.
You often quote that the contract doesn't overide the law. but contract law is complex and is different to tenancy agreements that are covered by the housing acts (statutes)

So whilst the OPs dd may be well be able to leave at the end of the fixed term- the LL may well claim a breach of contract(different to housing law) if the contract says that a tenant should inform the LL if they intend to do this. Anyway Op appears to have got it sorted.

Flowerywoman Tue 01-Oct-19 03:47:48

I really need some.help, I am downsizing.from a 2 bed to a 1 bed because I am now a single.female.living alone who does not need a two bed.property I pay rent and I. Am quite happy here but moving for a change and to give a family a 2 bed, I do however want.to choose the right tenancy with the next housing association +I tried.homeswapper, useless) my rent is £580 per month, the.propety I like and have a viewing for is.a lot more but in a much nicer area.ams a new build however it's a fixed term m five year tenancy, should I not do this and apply for homes that advertise assures tenancies like the one I have had for 10 years ? (There are many offering those tenancies) ti have severe anxiety and do not want to make.the wrong decision
Thank you

Joe2019 Sat 05-Oct-19 14:55:45

You need to start a new thread, but briefly it would not be sensible for you to move from an open ended tenancy to a fixed term. What would happen after 5 years?

MushroomTree Sat 12-Oct-19 15:49:58

I had exactly this situation earlier this year. She doesn't need to give any notice but she does need to have vacated by the final day of her tenancy.

Similarly, my letting agents had also advertised the flat as being available from a date which was within the months notice they told me I had to give. Not sure how they expected me and DD to live with a new tenant!

Itsarainyday555 Sun 13-Oct-19 23:15:16

As PP have said, you need to read the terms of the tenancy agreement. @specialsubject and @MushroomTree cannot advise you unless they have read the tenancy agreement.

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