Landlord dilemma. Assured shorthold tenancy?

[alfa daley]

Hi I'm after some advice as a tenant from the collective PH knowledge


We have been renting a house on an assured shorthold tenancy for the last 18 months or so and our contract comes to an end in the middle of November. I share with 4 others and up until recently we hadn't decided whether to stay or go (I've just moved jobs so I'm now definitely leaving as is my other housemate). We haven't given the letting agent notice that we are leaving but nor have they got in contact to ask if we would like to extend our contract. The letting agent has been a nightmare, very efficient at taking money and requesting admin and reference fees, less so for anything else.

My understanding is that although we haven't given notice the contract naturally expires mid November, however the letting agent is claiming under shorthold tenancy law we must give 2 months notice (this is nowhere in our contract only the phrase 'this agreement is subject to all laws affecting assured shorthold tenancies).

Are we stuffed?

[forsure]

As far as I'm aware the tenant only has to give one month's notice.

It's the landlord who has to give two months.

[Wings]

You need only give one months Notice, that Notice must be given on the day in the month the Tenancy Agreement started, and being the same day in the month your rent is due/paid. So if your Tenancy started 18 January 2007, then your next date for giving one months Notice will be the 18th November 2008, that one months Notice ending (when you vacate) on 17th December 2008.

If you have still to pay Noevember's rent, give consideration to using all, or part of your deposit, that I presume the letting agents are holding.

[M400 NBL]

It should state in the AST what is expected of both parties.

I think it suits most landlords and tenants to have a 2 month notice period, but if there is no mention of it in the AST, 1 months notice should be enough.

[alfa daley]

I've checked the contract again and although it says

initial term of the tenancy will be: 12 months from commencement
gives commencement date

then says Expiry date, to and including: 16th day of Nov 2008

But on the last page under special or additional clauses it says:

It is agreed further that the tenant may end this tenancy by giving 2 calendar months notice in writing with effect from any rental due date after the agreement has been in force for 4 months. It is agreed further that in the event of the landlord requiring possession of this property, it may be repossessed upon the landlord giving the tenant 2 calendar months notice in writing any time after the agreement has been in place for 4 months.

Surely though the expiry date is the expiry date and it won't just roll on and still require 2 months notice???

[Wings]

During a fixed term Assured Shorthold Tenancy Agreement, which from your posting your AST is, the tenant does not have to give Notice. However, if the tenant remains in the property beyond the fixed term, then the tenancy becomes “periodic”, where the tenant is required to give a Notice, which can be either One month, or as your AST is written, 2 months Notice.
So from your postings, you could vacate without giving a Notice on 16 November 2008.

[The Tea Boy]

Wings said:

During a fixed term Assured Shorthold Tenancy Agreement, which from your posting your AST is, the tenant does not have to give Notice. However, if the tenant remains in the property beyond the fixed term, then the tenancy becomes “periodic”, where the tenant is required to give a Notice, which can be either One month, or as your AST is written, 2 months Notice.
So from your postings, you could vacate without giving a Notice on 16 November 2008.

Correct (gold star for you my friend) also they cannot withhold the deposit from you for this either, and make sure that it was registered with one of the deposit schemes.

O/T Wings, where do you work/who for? im with Belvoir in nottingham.

HTH

Matt

[alfa daley]

Thanks to those that have replied, some reassuring answers. We would like to leave on the 16th but she (the letting agent) is implying that had we wanted to leave on the 16th Nov (the date the original contract runs up to) we would have had to give notice on the 16th September .

I'm just not sure how we can prove it to her. Anyone any idea what a property lawyer would charge to tell them to take a jump?

[The Tea Boy]

alfa daley said:

Thanks to those that have replied, some reassuring answers. We would like to leave on the 16th but she (the letting agent) is implying that had we wanted to leave on the 16th Nov (the date the original contract runs up to) we would have had to give notice on the 16th September .

I'm just not sure how we can prove it to her. Anyone any idea what a property lawyer would charge to tell them to take a jump?

ill do it for free for you, but if i were you i would say nothing more, then just hand the keys back on the anniversary date and be done with it. there is nothing they can do, as the contract is at the end of its fixed period and there is no obligation for you to continue past this date. NOTE, you could not do this before the end of the tenancy nor could you do it after the contract end date as the contract would be in periodic.

HTH

Matt

[princeperch]

The Tea Boy said:

Wings said:

During a fixed term Assured Shorthold Tenancy Agreement, which from your posting your AST is, the tenant does not have to give Notice. However, if the tenant remains in the property beyond the fixed term, then the tenancy becomes “periodic”, where the tenant is required to give a Notice, which can be either One month, or as your AST is written, 2 months Notice.
So from your postings, you could vacate without giving a Notice on 16 November 2008.

Correct (gold star for you my friend) also they cannot withhold the deposit from you for this either, and make sure that it was registered with one of the deposit schemes.

O/T Wings, where do you work/who for? im with Belvoir in nottingham.

HTH

Matt

if it isnt registered make sure you fk them for the statutory compensation!

[Wings]

The Tea Boy said:

Wings said:

During a fixed term Assured Shorthold Tenancy Agreement, which from your posting your AST is, the tenant does not have to give Notice. However, if the tenant remains in the property beyond the fixed term, then the tenancy becomes “periodic”, where the tenant is required to give a Notice, which can be either One month, or as your AST is written, 2 months Notice.
So from your postings, you could vacate without giving a Notice on 16 November 2008.

Correct (gold star for you my friend) also they cannot withhold the deposit from you for this either, and make sure that it was registered with one of the deposit schemes.

O/T Wings, where do you work/who for? im with Belvoir in nottingham.

HTH

Matt

I am a BTL landlord.

[Wings]

The Tea Boy said:

alfa daley said:

Thanks to those that have replied, some reassuring answers. We would like to leave on the 16th but she (the letting agent) is implying that had we wanted to leave on the 16th Nov (the date the original contract runs up to) we would have had to give notice on the 16th September .

I'm just not sure how we can prove it to her. Anyone any idea what a property lawyer would charge to tell them to take a jump?

ill do it for free for you, but if i were you i would say nothing more, then just hand the keys back on the anniversary date and be done with it. there is nothing they can do, as the contract is at the end of its fixed period and there is no obligation for you to continue past this date. NOTE, you could not do this before the end of the tenancy nor could you do it after the contract end date as the contract would be in periodic.

HTH

Matt

Agree, although if I were in the OP’s position, I would inform the agents prior to the 16 November 2008, by recorded letter, retaining a copy, that it was not my intentions to renew the tenancy after its termination date on 16 November 2008, inviting the agents round for an inventory check at a stated time. If the agents then failed to turn up, I would both take photographic evidence of the conditions of the property and any effects, and then have another person witnessed the keys being returned.