My tenancy ends on the 13th February, do I still have to give 28 days notice to leave?

[MushroomTree]

Just that really. My tenancy agreement ends on 13th February and I've found a new flat to move into.

My current letting agent is saying I still have to give the full 28 days notice but surely after the 13th I'm no longer bound by the tenancy agreement as it's expired?

Had I have been staying here I would have moved on to a rolling monthly tenancy agreement but I haven't actually signed anything to say that.

You should give notice, otherwise it will become a periodic tenancy by default.

I thought you still had to give the appropriate length of notice - but I'm no expert.

Yes. You do have to give 28 days notice.

Thanks for the replies.

Either way was fine with me but the letting agent has been a pain in the backside from the beginning so I wanted to check they weren't pulling a fast one and trying to get more money out of me.

Yes you absolutely do. The tenancy converts to periodic unless one party terminates it in writing. If you haven't done that then you're liable for rent until you properly end the tenancy.

Read your contract. It should say if it will automatically roll into a periodic tenancy. If it doesn't, then you can just walk. But it would be better and less confrontational not to.

england.shelter.org.uk/housing_advice/private_renting/how_tenants_can_end_a_fixed_term_tenancy

Thanks all. I'll give my notice in writing this afternoon and work out how much rent I'll need to pay for the period between the 13th and when my notice period is up.

Read your contract. It should say if it will automatically roll into a periodic tenancy. If it doesn't, then you can just walk

No! Periodic tenancy is automatic, it's tenancy law. Tenants must end a tenancy at the end of the fixed period in writing if they wish to leave.

Not according to Shelter, hence the link. It specifically states:

"You can usually leave on or before the fixed term end without giving notice, but there are exceptions."

And

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

I always thought that you didn't have to, although it would have been considerate to do so, but they haven't been considerate to you you say? If your contract ends on the 13th, then leave on the 13th. I have read this on many websites, but I would check first with Shelter or similar.

Mumsnet is not a good place to ask for advice on tenancy law there is a lot of incorrect information given as fact. TBH moneysavingexpert.com or landlordzone have a few frequent posters who are better informed.
This is all assuming you're in England or Wales, the law is different elsewhere.

No, in a normal fixed term tenancy that you might have you don't have to the periodic tenancy only comes automatic if you remain, it's unlikely that you'd have a contractual tenancy after the fixed term since that offers even less benefit to a landlord than a periodic.

It's really not very nice on the landlord (as they don't know if you're leaving or not) but there is nothing stopping you deciding on the very last day if you're letting it roll over or not

You should require no more rent beyond the 13th, as long as you leave on the 13th.

And obviously, if there's anything unusual about your tenancy, or you're not England or Wales anything could be different.

Having left at the end of an assured shorthold tenancy myself, you don't need to give any notice period. Why would you when the contract is coming to an end?

The tenancy will automatically turn into a periodic one if you don't leave on the day your tenancy expires, THEN you would have to give a month's notice if you wish to leave.

I'm just going to give the 28 day notice as they've said I have to.

It's only because they've been difficult and the flat itself has had a never ending, and on going, list of issues since the day I moved in that I was hoping to leave asap.

For fuck’s sake... MN is the WORST place on the internet to ask about tenancy matters.

No, you do not have to give notice if you are leaving at the end of a fixed period. You can leave once your contract is up, but if you stay even one hour into the next day you’ll create a periodic tenancy so be careful.

You would only have to give notice if you have a periodic tenancy.

I called the letting agent this morning to tell them I'd be leaving and would be letting them know in writing later on today.

They said I still had to give 28 days notice. So are they just trying to get an extra 6 days rent from me?

My contract says " The tenant is financially responsible for the agreed period...the tenancy can only be determined by written notice. If written notice is not given or received by either party the tenancy will continue on a periodic basis."

All I've had so far is an email from the letting agent telling that I would be moved to a periodic contract from the 13th and then another one telling me my rent was due on the 13th as I'd paid 6 months up front when I moved in.

No mention of needing to give 28 days notice...

Basically yes they are. They are hoping you will take their word for it. But probably they really do imagine they're correct, as many letting agents are shockingly ignorant of the law. The sector needs to be much better regulated.

My understanding of my contract is that as long as I'm out and I've given them the keys back by midday on the 13th that's it. Surely there's nothing legally they can do to make me stay a full 28 days and pay for it?

Please read the link I posted upthread and your contract. No one can answer this accurately without knowing what is in your contract. If it says you will automatically move to a periodic tenancy (which your first post implies), then you do have to give notice in accordance with its terms. If it says nothing about a periodic tenancy, then you don't have to give notice at all as long as you leave before the end of the fixed term.

You don't have to give notice if you're leaving on the day the tenancy expires. That's the whole point of an expiry date! If you stay even an day longer then it automatically becomes a periodic/rolling tenancy and you would have to give notice. But you can leave up to or on the expiry date without notice (though you'd be liable for the rent to the expiry date even if you have left beforehand).

Right, so now you have posted the relevant phrase If written notice is not given or received by either party the tenancy will continue on a periodic basis." This means you DO have to give notice.

But how much ElvisParsley? Can I email them today and tell them I'll be out by the 13th?

The only thing said about notice period is: "Where the tenancy becomes a contractual periodic tenancy at the end of the fixed term period the tenant is required to give at least 28 days notice."

But it hasn't become a contractual periodic tenancy because my fixed term period is until the 13th.

As the poster above said, what's the point of an expiry date if they're going to ignore it.

Another suggestion is that you may have access to a legal helpline included in your house insurance. Or if you are in a union at work, they often offer this.

Yes, I would have thought if you just tell them in writing that you are leaving at the end of contract, that would cover it. I don't know where the 28 days comes from either, it is normally a 'tenancy period' which would be a full calendar month. Are you in Scotland or something? It's different there, and I'm not sure how their tenancy laws work.

No I'm in the UK.

I'm going to email them and say I'll be out by the 13th. I don't see what they could do about it? It says no where in my contract I have to give 28 days notice so as long as the keys are back to them by the time it states they can't charge me.

Check the contract carefully. I'm a landlord and I'm pretty sure that the tenant can only give notice on a particular day of the month, from memory, is the day that rent is due.