Tenancy ends 23/07, when can I leave

[TenancyQuestion]

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!

I suspect the agent in your case has also been caught napping, assumed that you were staying

Yep, I think this is the case in my situation too!

Unless OP's tenancy contract provides for a contractual periodic tenancy following fixed term expiry, the default is that a statutory periodic tenancy will arise if OP remains in occupation after fixed term expiry. Some fixed term tenancy contracts may refer to a statutory period tenancy arising after fixed term expiry (albeit the references are merely informative and have no legal effect because a SPT is created by statute), but a contractual periodic tenancy would be unusual, and, from what @TenancyQuestion says, there is no such provision in her tenancy contract.

Please feel free to ask me for specifics, either on this thread or privately. I really do know about the law relating to assured shorthold tenancies in England/Wales.

I think your agents are confused. When I last rented the law was that tenants had to give 4 weeks, the 8 weeks was if the landlord wanted to end the tenancy. Admittedly this was a few years ago now mind 😅

I'm sorry but your advice is wrong - and in so many ways. If you don't have a knowledge of landlord and tenant law in England & Wales, nor a knowledge of Housing Act 1988, it would be more helpful not to offer 'advice'.

No deposit, therefore no requirement to protect the nonexistent-deposit in a scheme.

Gas safety certificate is a legal requirement if there are gas appliances at the rental property. Irrelevant to OP's question.

If @TenancyQuestion is in England & Wales, she has an AST - an assured shorthold tenancy under Housing Act 1988.

OP says the fixed term contract expires on 23rd July next month, and asks whether she has to give notice, as the letting agent claims. The legal answer is no, she doesn't. She could inform the landlord or agent, as a matter of courtesy, if that's what she intends to do, but when you've been treated badly by a landlord or agent, you understandably feel less inclined to offer that courtesy.

The only incentive would be if you needed to get a reference from the landlord for a subsequent tenancy.

@TenancyQuestion P.S. Key point, - it's not as simple as giving 28 days notice from whatever day you like, after a periodic tenancy arises. e.g. you can't assume you can end the tenancy 28 days as from 26th July. There are other factors and variables.

Shelter is good in various ways but not always absolutely spot on with the legal stuff.

Yes, this.

As the end of a fixed term AST contract approaches, letting agents will pressure the tenant to sign a new fixed term contract, and/or threaten them with what is actually a fairly toothless s.21 notice - a notice which only entitles the landlord to apply to the court for a possession order upon notice expiry.

What they won't do is advise the tenant that they may vacate on or before the last day of the fixed term contract, and do so without telling anyone.

They also won't tell the tenant that they are entitled to refuse viewings by prospective tenants. There is no automatic right of access without obtaining a court order.

This only applies to the tenant in the event of a periodic tenancy and the landlord cannot end the tenancy with any kind of notice period at all.

Thank you for explaining and not just gunning for me like someone else here!

I realise now that yes, this was in the context of my fixed term tenancy having ended and moved to rolling. But for me it definitely was four weeks notice as a tenant and eight from my landlord for him to end it so I said that in good faith. Apologies OP, I was offering my experience in the spirit of helping and did caveat it with being not super recent. Hope you get it sorted.

Letting agents often misrepresent the law to tenants for the benefit of the landlord. Landlords cannot give notice to end a tenancy. They can give notice that they would like to have the property back via a s21 notice which enables them to apply to court for an eviction notice eventually (which would end the tenancy) but their 8 weeks notice doesn't end a tenancy, though they would like tenants to believe it does.

Yep, you’ve got it bang on.

S. Key point, - it's not as simple as giving 28 days notice from whatever day you like, after a periodic tenancy arises. e.g. you can't assume you can end the tenancy 28 days as from 26th July. There are other factors and variables.

Could you go over this point again for me if that’s okay pls. So, I pay more rent in arrears and not in advance and my rent is due on the 24th of every month. So let’s say my tenancy expires on the 23rd of July and I stay past this date so it’s now a rolling tenancy.

Let’s say I want to leave on the 23rd of September, can I give a month’s weeks notice on the 23rd of August?

That’s no problem at all! Thank you for the well wishes😆

@TenancyQuestion So, I pay more rent in arrears and not in advance and my rent is due on the 24th of every month. So let’s say my tenancy expires on the 23rd of July and I stay past this date so it’s now a rolling tenancy.

Let’s say I want to leave on the 23rd of September, can I give a month’s weeks notice on the 23rd of August?

If your fixed term contract commenced on the 24th of the month, with the first rent payment due on the 24th (whether in advance or arrear), then your tenancy periods in a statutory periodic tenancy would run 24th - 23rd.

Yes, you could give notice to quit on 23rd August, if delivered by hand to the address for serving notices, expiring 23rd September, but it would be better to serve the notice to quit at least a couple of days before 23rd August. This avoids disputes about whether you gave the minimum required notice (it's fine to give longer than the minimum notice).

As I said before, it's also possible to agree with the landlord as to the notice to quit date. If the landlord says (in writing) that they will accept a notice to quit expiring on whatever day, that is legally valid and binding on both you and the landlord.

Thank you so much🤗 @RogueFemale