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Original poster

Tenancy ends 23/07, when can I leave

41 replies

TenancyQuestion · 26/06/2024 12:25

Posting for traffic.

If my tenancy ends on the 23/07, am I legally allowed to leave the property on the 23rd without giving prior notice? I just had a call from the EA who told me that if I want to leave, I need to give 8 weeks notice!

I checked my tenancy and it actually doesn’t say anything about how much notice I need to give. My tenancy says that if I go onto a rolling tenancy then I have to give the required amount of notice (which I believe is 4 weeks from what I’ve read on Shelter). As I’m still on a fixed term contact, I can leave on the end date can’t I?

This may sound like a silly question but the EA has me doubting my legal stance. Thank you!

OP posts:
Tagyoureit · 26/06/2024 13:26

Ah OK, my mistake.

Original poster
TenancyQuestion · 26/06/2024 13:13

RogueFemale · 26/06/2024 12:49

Yes you can leave without notice on the last day of the fixed term.

(And even if the tenancy contract did say you had to give notice to do so, it wouldn't be a valid clause - the tenancy quite simply (and logically) ends on the last day of the fixed term. If the tenant doesn't vacate on the last day, then at midnight a periodic/rolling tenancy will automatically arise under Housing Act 1988, replacing the expired fixed term tenancy).

I used to be a landlord, and was briefly a tenant between a house sale and purchase. I vacated on the last day of the fixed term without giving notice. Up to then, the agent had been hassling me to sign a new contract or give notice, but shut up when he realised I actually knew the law (they rely on tenants' ignorance).

Edit: this is the law in England & Wales.

Edited

This is exactly what I thought. Logically, if the tenancy ends on a certain day then I can leave by that date without giving notice. You’re absolutely right that EA’s rely on the tenants ignorance, that’s why I thought it’s best to double check on MN and Shelter!

Just to confirm, if I do stay past 23/07 and it becomes a rolling month by month tenancy, I’d have to give 4 weeks notice from when I want to leave? I better make sure that I’m out of there by the 23rd😆

OP posts:
RogueFemale · 26/06/2024 13:02

SugarandSpiceandAllThingsNaice · 26/06/2024 12:34

The EA “8 weeks” is unheard of and it’s not in your AST. I would go with the 4 weeks in the AST as notice you won’t be doing the rolling tenancy. If you just email notice now, you will be covered in case the EA argues with the deposit dispute people that you were required to give notice.

OP's tenancy contract only refers to giving notice if a periodic (aka rolling) tenancy arises after expiry of the fixed term tenancy. OP is under no obligation to give notice to end a fixed term tenancy, as it expires on the last day of the fixed term and, if the tenant vacates by then, a periodic tenancy will not arise.

If a tenant tells the landlord/agent they intend to leave on the last day of the fixed term, it is merely a courtesy, and has no legal effect.

Littlebitpsycho · 26/06/2024 13:00

RogueFemale · 26/06/2024 12:54

A s.21 notice does not end an Assured Shorthold Tenancy upon expiry, it merely entitles the landlord to apply for a court order for possession.

Show quote history

This!

RogueFemale · 26/06/2024 12:54

SugarandSpiceandAllThingsNaice · 26/06/2024 12:50

No, only if the landlord has served a section 21 sixty days prior to the end date of the fixed term. Even if they serve it now, OP would still get 1 month of rolling tenancy.

Show quote history

A s.21 notice does not end an Assured Shorthold Tenancy upon expiry, it merely entitles the landlord to apply for a court order for possession.

DracoDormiensNumquamTittilandum · 26/06/2024 12:53

SugarandSpiceandAllThingsNaice · 26/06/2024 12:50

No, only if the landlord has served a section 21 sixty days prior to the end date of the fixed term. Even if they serve it now, OP would still get 1 month of rolling tenancy.

Show quote history

She still wouldn't have to leave even if they had served a section 21

SugarandSpiceandAllThingsNaice · 26/06/2024 12:50

Tagyoureit · 26/06/2024 12:46

Cross post, they've been gits!

But if you have nowhere to go, you still have to be out on 23rd

No, only if the landlord has served a section 21 sixty days prior to the end date of the fixed term. Even if they serve it now, OP would still get 1 month of rolling tenancy.

RogueFemale · 26/06/2024 12:49

Yes you can leave without notice on the last day of the fixed term.

(And even if the tenancy contract did say you had to give notice to do so, it wouldn't be a valid clause - the tenancy quite simply (and logically) ends on the last day of the fixed term. If the tenant doesn't vacate on the last day, then at midnight a periodic/rolling tenancy will automatically arise under Housing Act 1988, replacing the expired fixed term tenancy).

I used to be a landlord, and was briefly a tenant between a house sale and purchase. I vacated on the last day of the fixed term without giving notice. Up to then, the agent had been hassling me to sign a new contract or give notice, but shut up when he realised I actually knew the law (they rely on tenants' ignorance).

Edit: this is the law in England & Wales.

Robotcustard · 26/06/2024 12:49

Tagyoureit · 26/06/2024 12:46

Cross post, they've been gits!

But if you have nowhere to go, you still have to be out on 23rd

That’s incorrect.

Tagyoureit · 26/06/2024 12:46

Cross post, they've been gits!

But if you have nowhere to go, you still have to be out on 23rd

Tagyoureit · 26/06/2024 12:45

Can I ask why you have not given notice just to be clear with other parties involved though?

Original poster
TenancyQuestion · 26/06/2024 12:40

Thank you guys! I was pretty sure that I could legally leave on the last day without giving notice so I have no clue where this 8 weeks nonsense came from.

I’m still looking for a suitable rental property so I don’t want to give any written notice when the kids and I have nowhere to live. I’ve had a terrible, TERRIBLE time with the EA and the Landlord so I won’t be kind enough to give them any notice. Luckily, I don’t have a deposit so there won’t be any issues there.

I just wanted to make sure that I wasn’t breaking any laws or breaking my tenancy agreement

OP posts:
Littlebitpsycho · 26/06/2024 12:35

Yes, you can leave without notice at the end of the fixed term (it won't make you very popular but that is absolutely not your problem)

(I work for one of the agent accreditation schemes)

SugarandSpiceandAllThingsNaice · 26/06/2024 12:34

The EA “8 weeks” is unheard of and it’s not in your AST. I would go with the 4 weeks in the AST as notice you won’t be doing the rolling tenancy. If you just email notice now, you will be covered in case the EA argues with the deposit dispute people that you were required to give notice.

LuckyStone · 26/06/2024 12:26

Im pretty sure you can leave on 23.7.
Agents are liars.