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Notice period after fixed term expires

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623 views 1 replies latest reply: 11 August 2014
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Tenant

Hi,
My fixed term tenancy of 1 year expired on the 1st July. Previous to this the landlord wanted to carry on the tenancy but wanted to maintain the 3 month notice period. I stated that I could give him a month but he refused. I never actually accepted a 3month notice, or signed a new agreement. Nor did I formally object to these terms, believing that a periodic tenancy would ensue. On the 1st June I informed him that I would be at the property until the 31st August. On the 30th June I gave 2 months notice, to vacate on 31st August. He is insisting that since I never formally objected to the three month notice period, and since I only gave notice on the 30th June that I am liable for rent until the 30th sept unless he finds a tenant sooner.
I believe that officially we have a periodic agreement with 1 month notice since there is no signed agreement.
He says we have a new agreement since I never objected to his terms of a 3 month notice.

Has anyone been in a similar situation?

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Administrator

Hi, thanks for posting in our forum.

If you gave notice June 1st but your fixed period ended on July 1st then you were still in the fixed period of your AST and the conditions of your tenancy agreement are applicable – you do not have a periodic tenancy because you gave notice during the fixed period.

You are only be able to give notice during the fixed-term if your tenancy agreement says it is allowed. The length of notice you have to give depends on what your tenancy agreement says. It sounds as though you have a 3 month notice period, in which case, your landlord is correct.

If your fixed term had ended, then your tenancy would have become a periodic tenancy. It is true that to end a periodic tenancy, you only have to give one month’s notice in writing for a monthly tenancy, 28 days notice for a weekly tenancy, or longer if you paid your rent less often. The notice should end on the first or last day of the period of a tenancy.

However, if your landlord is prepared to release you early if a new tenant is found, then you should get this agreement in writing or you will be liable for rent until September 30th regardless of whether you have moved out or not.

All the best for an amicable resolution to ensure the moving- out process and the return of your deposit go smoothly.

Disclaimer: This information is derived from personal experience and should not be relied upon as a definitive or accurate interpretation of the law.

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