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Hello, I appreciate if someone could help me with question

 

Customer Question

Hello,
I appreciate if someone could help me with question below.

- I have a fixed Term 12 months contract that ends on 30th of June 2011. I have contact my State Agency 10 days ago (20th of May) to notify them that I won't renew my contract.
The State Agency has stated to me that I can not legally vacate the property before the 31st of July, as I would need to cover 2 months notice from now on.

In my letting Term agreement I could not find a clause that supports the State Agency leaving date on the 31st of July.
The only thing I found in my contract is a early termination clause. Please find it below.

7.1 Early Termination/Notice

It is agreed between the Parties that either party may terminate this Agreement as follows:-
a) by the Landlord giving to the Tenant at least two months written notice, such notice to expire on the last day of a rental period;
b) by the Tenant giving to the Landlord at least two months written notice, such notice to expire on the last day of a rental period;


Looking at the website http://www.tenancyagreementservice.co.uk, I found a note saying that we don't need to give any notice to leave the property on the last day of my fixed Term.
"If the agreement is for a fixed term, a tenant has the right to leave on the last day of the fixed term without giving any notice." (http://www.tenancyagreementservice.co.uk/ending-a-tenancy-agreement.htm#Fixed-and-periodic-ageemnets)

Having said that, can I vacate the property on the last day of my Fix Term Contract without giving any notice?

I am not sure if I can trust my State Agency, as at the beginning they told me that I would need to cover 2 months notice from the last day of my Term.
When I got back to them asking for further understanding about the rational behind it, they told me I would actually need to stay in the property until 31st of July.

I really need a professional advice as unfortunately I can not rely on my State Agency.

Many thanks.

King regards,

Gabriela

 

Optional Information:
Province/Country relating to question : UK/London

Submitted: 706 days and 1 hours ago via Tenancy Agreement Service.
Category: UK Property Law
Value: £22
Status: CLOSED

Accepted Answer

Picture
Expert:  Karen G replied 706 days ago.


Karen G :

Hi, thanks for your question. The estate agency is wrong. A fixed term tenancy is a tenancy that expires on a specific date, in your case 30 June. This date was agreed by you and the landlord when you signed the lease. You do not have to give any notice, verbal or written to end the tenancy. It will automatically end on 30 June. It was very courteous of you to notify the estate agency. You need only pay rent up to 30 June but not beyond that date and you can simply move out.

Customer :

Thank you Karen. What should I do now, as they are telling me something that is not legally right?

Karen G :

Hi, you don't have to do anything - except pay your rent on the payment day in June. They are not allowed to require you to move out any sooner than 30 June. If they contact you, keep a note of any communications that you have with them. Did you pay a security deposit? If so, assuming all is in order at the end of the month, then you would be entitled to its return.

Customer :

Can I take any further action against them for forcing a notice? in case it happen?

Customer :

Thank you Karen. I have to leave now.

Expert TypeProperty Lawyer
Category: UK Property Law
Pos. Feedback: 100.0 %
Accepts: 152
Answered: 5/31/2011

Experience: Qualified Solicitor with over 20 experience in property law and associated fields

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