Not giving notice on fixed term contract - AIBU

[golferswife]

Previously took out a 12 month tenancy with a letting agents - all ok. Towards the end of the year I asked if we could make the contract a rolling contract and was told no we had to sign a minimum 6 month contract.

We signed the 6 month fixed term contract and it’s due to end 17th of Feb. We’ve had no contact with the letting agency so I emailed today asking if we could hand back the keys a couple of days earlier on the 14th instead.

We’ve just been told we had to give a months notice so we will now have to pay extra rent for up to the 29th of Feb as today is classed as our 1 month notice.

Why would I have to give a months notice on a fixed term contract which states the end date!? AIBU to not want to pay extra rent and fight this?

Depends how the phrased the original contract maybe to terminate the 6 months you had to give a months notice?

What does the contract say?

The contract does say to give a months notice but I just assumed this wasn’t necessary as we had an agreed end date that was signed in the contract. Seemed illogical to have to reaffirm the end date when it’s already been agreed. What an idiot I am!

We've been in this situation a few years back. We refused to give a months notice and agents got arsey. I shrugged and told them I didn't care. They tried it on a few times but they had no redress. Landlord was lovely and mortified when he found out. Actually suited him for us to go sooner rather later. They were having us both on. It was only later we found out that we didn't have to sign another 6 months anyway. Legally it could have rolled.

Call CAB for advice. They gave us very good helpline numbers for advice. Sorry I no longer have them now but CAB will.

Helpline person told me we didn't need to stay an extra month as end date was in contract, i mean. Not saying that's definitely true for you but please get (freely available) advice and don't just take agents word.

Depending on the wording of the contract the landlord would need to give notice at the end of a fixed term but you dont necessarily have to. It's all in the wording. Youd be liable for the property til the end of the fixed term regardless of handing keys in early so there is no benefit to that.

I used to come up against this when I worked in a Housing benefit department, with LLs trying to claim a run on of benefit because they weren’t given notice. The one month’s notice clause isn’t enforceable beyond the end of your fixed term.

You’re liable for rent for the duration of your fixed term. If you’ve moved out by the end of your tenancy then the fixed term is it for your rental liability - there is no requirement for you to give notice.

This sums it up nicely: blog.openrent.co.uk/what-happens-when-a-tenancys-fixed-term-ends/

@iHateJanuary2020 thank you! Will call up CAB tomorrow! Glad your situation turned out ok, hoping I get told the same.

If this is an AST, you can leave on the fixed term end date without giving any notice at all.

If you stay a day over that date, then it would become a statutory periodic tenancy and you'd need to give a rental period's notice.

Although it can be written into a contract that you will give a month's notice to leave regardless, and it's all nice if everyone does it, you are within your rights not to give notice to leave on the natural end date. Statute law decrees this, and that outweighs the contractual law of the agreement you've signed.

Your agents will keep pointing you to the contract you've signed and I understand this to a point and it was what the parties agreed to, but they've no redress and you are able to do this. I also understand your logic that there was an expectation the tenancy would end on that date and you wouldn't need to give notice. It makes things tricky for them as often they'd like to start preparing to remarket beforehand so there's no void period for the landlord.

The clause states-

The tenant must provide to the Landlord or the Agents no less than one clear calendars months noticing in writing. Such notice to end on the last day of the period of tenancy if the Tenant does not wish to renew this agreement after the expiration of the Term. In the even that such notice is not given by the Tenant the landlord shall be entitled to deduct from the Deposit one months rent and the remaining one months rent shall become a debt owed to the landlord and the landlord shall be entitled to take any action against the Tenant for the recovery of the debt.

Apologies I’ve got brain fog and can’t make head or tail of it

Thanks everyone for your advice. Seems such an odd thing to slip into the middle of a contract with fixed dates. Really appreciate all the advice/information!

Do you know if it's an AST op? It normally would be unless your landlord lives in another part of a converted building, the rent is very high, or it's rented through your work.

You are contractually supposed to give notice as they describe, but legally you are still entitled to vacate on the natural end date.

I've worked in the industry and we did discuss including such a clause because we'd really struggle with people saying they'd renew and then changing their minds at the last moment, when we had others who'd have moved in to the property if we'd known in time.

We decided though that it was disingenuous to include something that wouldn't stand up legally, even though there's nothing to stop you including it in an agreement if the parties agree.

Individually negotiated clauses like these do need to be actually negotiated though so they should have explained it to you as well which is another factor against it.

Do you know what deposit scheme your deposit is held with?

@Woofwoofmeow yes it’s a AST, does this make it harder?

I think they’re going to be a pain and deduct the ‘rent’ from the deposit. I hate renting!!

@Woofwoofmeow the deposit is held with DPS (and I think I remember signing documents for this).

It seems like an easy way to make money as I’m sure most people don’t realise they have give notice on a already decided end date. I’ve never had to do it before on previous places- but I was a student so perhaps different?

Thanks for all your advice!

@Woofwoofmeow do you think we can point out it wasn’t discussed with us and isn’t clear that it includes the already agreed end date (as opposed to if the contract could become a rolling one we would need to give a months notice?)

Check ts and cs but.most contracts will state you and ll have to give X amount of notice regardless.

AST makes it easier.

I think this would be considered an unfair term and therefore not enforceable although I don't think there's a precedent. On this basis, I'd have thought the DPS would view in your favour were you to dispute the agents taking the rent out of the deposit. I'm not sure if you can ask the DPS in advance though to be sure.

I'd set out to them that your occupation will end on the last day of the tenancy as will your rent and other obligations. Explain that you didn't realise you had to give notice under your contract as it wasn't discussed with you but that you'd not have agreed to it as it's an unfair term, and would dispute any decision to withhold part of your deposit for rent.

I'd be polite but firm and see what happens but keep in mind all options so you aren't left out of pocket. What are your plans for after that date? Will you be paying for somewhere else?

Oh and yes absolutely I'd say that it's not clear! In fact that you had no idea that's what it meant as it hadn't been discussed and that you were under the impression you could just leave on the natural end date as under the housing act.

Contractual terms have to be spelt out to you. It's actually really hard to be on the right side of this sometimes as an agent but I think it's right that consumers know what they are agreeing to because as in your case otherwise it be really costly.

I wouldn't go down this road first, but ultimately your agent won't want bad publicity and complaints if you have to resort to it. I'd be sweating if I were them, although some agents haven't a clue.

@Woofwoofmeow thank you so so much! I took your advice and they’ve said we don’t have to pay and just to move out as normal

Although a tenant does not have to give any notice and can simply move out at the end of a fixed term AST, landlords still have to give tenants 2 months notice to vacate. If your agent was doing their job properly and working in the interests of the landlord who pays their wages, they would've been in touch with you well before the end of the contract to try to establish your intentions and do their best to avoid a situation where the landlord us left with a vacant period. More fool them!

Glad it all worked out for you. It's a horrible situation when they start blathering on in legalese at you but my rule is now if it's coming out of a agents mouth it's about 10% true. Both the landlord and us were being ripped off, especially re the having to renew every six months. Load of crap.

Good luck with the move.

This is interesting, we rented for years and always gave one months notice as per the contract when on a fixed term. Had no idea you didn’t have to.

I had this exact issue this time last year. Tenancy agreement stated the end date was 13th Feb.

Letting agent tried to argue I had to give a month's notice. I asked them to show me where in the contract it stated that. They couldn't because it didn't say that.

I handed the keys back on the 13th. They then tried to take most of my deposit for apparently leaving it damaged and filthy. I went through the deposit protection scheme and got my entire deposit back.

Essentially they were pissed off they couldn't illegally make me give a month's notice so tried to get money out of my in another way.

If your tenancy agreement is silent on a notice period at the end of the fixed term then you don't need to give one.