UK Property Law
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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.
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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.
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