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Category: UK Property Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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I am a tenant in a private property that i have rented since

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I am a tenant in a private property that i have rented since 7-02-2009, the term of the agreement is 12 months ending on the 6-02-10. I informed the landlord on the 12-01-10 that I would indeed be leaving at the end of my agreement. the landlord has raised an issue in the tenancy agreement that states "To give the landlord at least 2 calender months notice in writing to terminate the tenancy such notice not to expire earlier than the end of the fixed term of the tenancy. The tenant must ensure that any notice to terminate this agreement is actually received by the landlord or and that written acknowledgement is obtained. merely posting the notice will not be sufficient" The landlord is saying that I have to stay for an extra 2 x months or give him 2 x months rent !!! I was under the impression that I could leave at the agreed date set 12 months ago without giving notice. Please can you clarify. Thank you and regards, XXXXX XXXXX
Submitted: 4 years ago via Tenancy Agreement Service.
Category: UK Property Law
Expert:  Thomas replied 4 years ago.

Hello Scottythelappy,

 

I am afraid that by verbally giving notice to your landlord you have not complied with the terms of your tenancy agreement. You will have to re-serve your notice.

 

However, The Landlord is incorrect in stating that that you must serve two months notice once you have gone past the expiry date. Once the tenancy continues past the current expiry date it will become a periodic tenancy. This means that if you pay your rent monthly then you must give a months notice to terminate the tenancy with the notice expiring the day before your rent day (ie. the date you pay your rent).

 

You should therefore physically take a Notice to terminate to your Landlord a few days before 6/02/09 (in case you cannot find him). The notice should state you are giving him a months notice and that this notice expires on 05/03/09. Get him to sign a receipt for it and then you will be free to vacate on that date.

 

If this has been useful please kindly click accept so that I may be rewarded for my effort. It will be gratefully received and you will be free to ask followup questions.

 

Kind regards,

 

 

Tom

 

Customer: replied 4 years ago.

So, can I leave without costs to me on the 6-2-10 the end of my fixed term. Yes or no?

 

or did I have to give notice even though we have known for 12 months that it was a 12 month contract ? had to give notice or didn't have to give notice?

Expert:  Thomas replied 4 years ago.

Scott,

 

To clarify, no you can't leave on 6-2-10 because you have not served notice in the correct form under the agreement (see your quoted clause).

 

You can leave on 05-03-10 provided you serve the notice described in my original post.

 

I am afraid you have to give notice regardless of the fact that a tenancy is to expire.

 

I hope this clarifies, if so please kindly click accept.

 

Kind regards,

 

 

Tom

Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 6522
Experience: BA (Hons), PgDip, Practising Solicitor
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