UK Property Law
Get UK Property Law Questions Answered by Experts
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.
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?
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.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).