notice on fixed term contract

[Sugarbelle]

hello,

me and my partner have happily found a house we have been accepted for (currently live in a flat). our fixed term tenancy is due to end at the end 22nd of next month. The estate agents have been emailing recently to ask if we plan to renew our contract.

we only found today that we were accepted for the house so I have emailed the estate agents immediately to say we will be leaving at the end of the fixed term and not renewing.

now, I spoke to a friend of mine who works for a different estate agents. he has said he would be "very surprised" if the estate agents didnt require a months notice, even though we have fully paid our 12 months and will be leaving at the end of the fixed term. he said our contract likely automatically rolls to periodic. I have checked our contact and it doesnt say this anywhere. also, I cannot specifically find anything about notice. the only thing I can find is that they require 2 months notice if we wanted to end the agreement early so this isnt applicable.

can anyone advise if my friend is right? I'm worried now because we absolutely cannot afford to pay rent on two places for a month.

thanks

due to end 22nd of next month*

You don't need to give any extra notice - just confirm that you will be leaving "on or before the end of the fixed term". It won't roll to a periodic until after the fixed term has ended so if you're out before then, you don't need to serve notice.

A contract would tell you if it automatically rolls or renews. I don't think most roll into monthly anymore. My last 3 contracts all where fixed term with contract terminating on the end date with no provision about what happens after. In that case there is no minimum notice.

oh that's a relief. where my friend works he says they always write it into their contracts that after the fixed term date it becomes a rolling contract until one party serves notice but in my contract it just says fixed term between 22nd may 2020 to 21st may 2021

I'd ask the agent directly, I always had to give notice when leaving a rental (one to two months in my experience), but they might not require it. I'd just be honest with them about having been accepted somewhere else. Is the house you're moving into rental as well? I suppose it depends on when they can do all the checks by and start the tenancy as well, but if you had to you could always try and delay the start of your new tenancy so that you don't end up having to pay two lots at once? X

All fixed term tenancies will automatically become periodic tenancies if they are not terminated before/at the end of the fixed term, whether it says so in the tenancy agreement or not.

Anyway, OP you have informed the agent/landlord in writing that you will be ending the tenancy at the end of the fixed term, so it's all good.

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

I'm just worrying because we are technically 2 days past the month as our tenancy ends on the 22nd may but I have told them we arent staying and as i said i cant see anything about notice in the contract unless i have missed it

England - if there is nothing need n the agreement then you just need to be gone by midnight on the day it ends. Be absolutely sure you do that, return the keys and have evidence that you have vacated.

Stay a minute past midnight and it is a rolling tenancy and you will need to pay that month's rent and give notice.

my friend is absolutely adamant that the law states 1 month notice, its making me feel stressed

Your friend is wrong and is doing nothing to alleviate my general dislike of lettings agents!

One month's notice is required to end a periodic tenancy (assuming rent is paid monthly) but yours is not periodic. You're still in the fixed term.

@Shelddd

A contract would tell you if it automatically rolls or renews. I don't think most roll into monthly anymore. My last 3 contracts all where fixed term with contract terminating on the end date with no provision about what happens after. In that case there is no minimum notice.

ALL contracts automatically roll on to periodic if they are not ended by either party. It's not written in contracts because it's automatic

Your friend will need to be surprised then! As you've said you're doing and as I and other have said up thread, it's sensible (though not compulsory) to confirm that you will be leaving on or before the end of the fixed term and just make sure you don't end up staying a day late just in case they try and be awkward about it.

"in my contract it just says fixed term between 22nd may 2020 to 21st may 2021"

If that's what your contract says, that's when your tenancy ends - on 21st May (not 22nd May, as you've stated a couple of times). You must ensure that you move out and return the keys on or before Friday 21st May. Otherwise if you stay until 22nd May it will become a periodic tenancy, you will owe rent for 22nd May - 21st June, and you'll have to give one month's notice to end it.

sorry yes it stated the tenancy ends on the 21st may. I informed the estate agents that we are not intending to renew our contract today.

we are actually due to move into the other house on the 15th may so a bit before the 21st, however as we have paid to the end of our tenancy now this doesnt affect them at all.

my friend has just been so adamant that it really worried me, thanks for responses feeling better now