Jump to content
House Price Crash Forum
Sign in to follow this  
sign_of_the_times

Fixed Term Ended

Recommended Posts

my six month fixed term let ran out in June. carried on paying the rent as normal as we have no plans to leave in the short term. letting agent has not asked us to sign any new agreement, so I'm wondering if we are "bound" by any sort of contract at the moment, or do we just have to give the usual one months notice if we decide to leave?

anyone know ?

thanx

Share this post


Link to post
Share on other sites

Your tenancy is now a statutory periodic tenancy. Your (and your landlord's) notice period is two months.

No need to do anything if you want to stay in the apartment.

Share this post


Link to post
Share on other sites
cheers for the info. wasn't aware I had to give two months (thought it was only one!)  :)

Unless your contract says you have to give a longer notice period, you can give one months notice.

By law, your landlord has to give a minimum of two months notice. This is irrespective of terms imposed in your contract.

The legal notice period is asymmetric between landlord and tenant. I'm not sure why exactly, but I speculate that it's because your right to have time to find other accommodation is greater than the landlords right to have time to find another tenant.

Share this post


Link to post
Share on other sites
Unless your contract says you have to give a longer notice period, you can give one months notice.

By law, your landlord has to give a minimum of two months notice.  This is irrespective of terms imposed in your contract.

The legal notice period is asymmetric between landlord and tenant.  I'm not sure why exactly, but I speculate that it's because your right to have time to find other accommodation is greater than the landlords right to have time to find another tenant.

cheers Anthony, appreciate your help. :)

Share this post


Link to post
Share on other sites

Unless your contract says you have to give a longer notice period, you can give one months notice.

Any notice mentioned in the contract is voided,

1988 Housing Act (5) (3) (e)

Share this post


Link to post
Share on other sites

So if I would like a 1 month tenant notice to leave and 2 month landlord notice to evict that is called a 'statutory periodic tenancy' ? Just trying to get my wording right, so I know what i'm asking for and don't sound like an idiot when I negotiate my tenancy agreement.

Share this post


Link to post
Share on other sites

So if I would like a 1 month tenant notice to leave and 2 month landlord notice to evict that is called a 'statutory periodic tenancy' ? Just trying to get my wording right, so I know what i'm asking for and don't sound like an idiot when I negotiate my tenancy agreement.

When a tenancy is an Assured Shorthold Tenancy

When the tenancy begins it usually is for a fixed term (commonly 6 months or 12 months) at the end of that fixed period a tenant can leave without need to give any notice if the tenant stays (even just 1 day after the end of the fixed term it automatically becomes a periodic tenancy (unless a new fixed term is agreed) at this point a tenant would have to give one months notice to leave (if the rent is paid monthly) a landlord needs to give 2 months notice and that notice must end at the end of a rental period.

You dont need to negotiate this, it is Law*.

(The above applies, unless the eviction is sought for other reasons e.g. late rent, breach of tenancy terms etc.)

*Landlords notice 1988 Housing Act

*Tenants notice 1977 Protection From Eviction Act

Share this post


Link to post
Share on other sites

One of my work collegues will be in this position in December at the end of a 12 mth fixed term. Although he's not being sent a new contract, his letting agency has sent a letter demanding a "renewal" fee, which apparently will be due every six months after the end of his contract.

Is this actually legal? It seems like they're asking for money for something that's automatically granted in law, and for no actual work.

Share this post


Link to post
Share on other sites

Any notice mentioned in the contract is voided,

1988 Housing Act (5) (3) (e)

Can I double check this; my contract says that I must give two months notice, I think even if it becomes a periodic tennacy. Is this line void and irrespective of the agreement only one month's notice is required from me?

Share this post


Link to post
Share on other sites

Can I double check this; my contract says that I must give two months notice, I think even if it becomes a periodic tennacy. Is this line void and irrespective of the agreement only one month's notice is required from me?

When your tenancy becomes periodic that clause becomes void (1988 Housing Act) and you only need give one months notice (Protection From Eviction Act 1977)

Share this post


Link to post
Share on other sites

One of my work collegues will be in this position in December at the end of a 12 mth fixed term. Although he's not being sent a new contract, his letting agency has sent a letter demanding a "renewal" fee, which apparently will be due every six months after the end of his contract.

Is this actually legal? It seems like they're asking for money for something that's automatically granted in law, and for no actual work.

Sorry for the late post just read this and just joined anyway :P

It is legal, but only if he actually receives a new contract. Basically the agent is permitted to charge for contract renewal, but only allowed to charge a reasonable rate based upon the work done. So if no work is done, then no charge can be made. And as stated above, the tenant does not have to pay any charge unless it was agreed prior to them moving in, either on the AST or seperately. Note, though, that if they do not pay the charge, they could find themselves evicted as soon as is possible, as it is outside of the fixed term, so all that is needed is a Section 21 notice under accelerated procedure, which will take 2-3 months.

Share this post


Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

Loading...
Sign in to follow this  

  • Recently Browsing   0 members

    No registered users viewing this page.

  • 302 Brexit, House prices and Summer 2020

    1. 1. Including the effects Brexit, where do you think average UK house prices will be relative to now in June 2020?


      • down 5% +
      • down 2.5%
      • Even
      • up 2.5%
      • up 5%



×
×
  • Create New...

Important Information

We have placed cookies on your device to help make this website better. You can adjust your cookie settings, otherwise we'll assume you're okay to continue.