Help me settle this argument with the agents!

[maggiethecat]

I'm stuck in an argy bargy with agents who managed our flat the last time we rent it out through them. The tenancy agreement made no provision for the tenant to give any notice of its intention not to renew the agreement at the end of the term. Tenant indicated 6 weeks before expiry that it wanted to continue but then 3 weeks later said it was leaving. This caused a scramble to try to find new tenant and limit the void period.
I've told agents that their agreement was flawed as I think that it should have made the tenant give written notice. Agents disagree and say the landlord is protected by the law which requires tenant to give 1 month's written notice of intention not to renew. I cannot find anything to back this up (I know that by law landlord must give notice if she wants property back at end of term). Can any MN tell us who's right?

I know that a month's notice is usual but I think in the end it would come down to the contract that was signed (in mine, it states two months' notice for example) and, unfortunately, since you agreed to that contract then you would probably be held liable for their omission.

We have a flat which we rent out.

Our contract says that the tenants just need to give 1mth notice at the end of the term and this can be verbal but we need to give them 3mths in writing. I think this is standard. There is nothing to stop them giving notice then changing their mind either which can be tricky. Ouragent has always asked them for something in writing either way 28days before the end so we all know where we stand.

To be fair, I totally understand why it's the way it is. It's far easier to get a tenant or even to stomach a month's void than it is to suddenly discover that you and your family will be homeless in a month.

I think they're partially right , by default it is a month's notice on Tenant's side for an Assured Shorthold Tenancy see http://england.shelter.org.uk/advice/advice-7563.cfm#wipLive-34152-8 here not sure if the agreement has to be explicit. Did the tenant pay for the last 4 weeks or only until the end of the agreement?

ah and just found this that suggests no notice is necessary for leaving at end of a fixed term.