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Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 7609
Experience:  BA (Hons), PgDip, Practising Solicitor
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I am on an AST. I have originally started renting it on 14th

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I am on an AST. I have originally started renting it on 14th January 2013 for a 6 onth fixed AST. I have since signed two new 6 month AST. The contract states no notice for the Tennant, it just says talks of Expiry of tenancy.
I have now found a new property. My agreement runs out on the 13th July 2013. Reading up about it I could just leave the day the agreement ends. However, as I have pais a deposit this would be not advisable.
I have therefore decided to give him notice today or tomorrow.
However, I worry he will insist on 1 month notice.
If he does, does that mean 1 onth after the agreeent ends or from today?

Thanks for your question.

If it is the case that the fixed term of a tenancy agreement expires on 13th july and you have not already signed a further tenancy agreement for a further fixed term which start beyond this then legally you do not need to give any notice as tenant.

There is no legal requirement for you to give notice. However it's usually common sensical to give notice to the landlord simply to keep him on side and not upset him. This is usually conducive to resolving the return of the deposit.

He cannot legally insist upon 1 months notice. If he does then you should state that you are not required to give any notice but wish to get him to notice that you are able to give simply as a gesture of goodwill. Is not permitted to take into account the perceived lack of notice which the tenancy requires when was all then the return of the deposit.

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kind regards

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Customer: replied 4 years ago.

Thank you, reading the legal bit I can see that I am not required, glad I have a back-up, in case he wants to withheld deposit.

No problem. Good luck.