dangermaus Posted February 13, 2013 Share Posted February 13, 2013 If I recall someone said that you can leave on the final day of your tenancy without giving any notice? is that true? Quote Link to comment Share on other sites More sharing options...
dangermaus Posted February 13, 2013 Author Share Posted February 13, 2013 And yes i'm a bellend, i'm just wondering if I can shaft the landlord one final way by moving out that date with no notice. We're fed up of him and his arsey ways, if I could move out that day without notice he'd have at least one months void....that's all I was thinking Yes I'm that petty Quote Link to comment Share on other sites More sharing options...
Damocles Posted February 13, 2013 Share Posted February 13, 2013 Yes. If you leave on the last day of a fixed term no notice is needed. If you are cutting it fine make sure it really is the last day. Hand the keys to landlord or agent on the day you leave to avoid argument. You also need to check your tenancy agreement to make sure it is a "straight" fixed term and not a fixed term continuing as a periodic. Quote Link to comment Share on other sites More sharing options...
gadget Posted February 13, 2013 Share Posted February 13, 2013 You also need to check your tenancy agreement to make sure it is a "straight" fixed term and not a fixed term continuing as a periodic. Don't think you do. All AST's continue as a periodic after the fixed term whether it's stated in the contract or not. As i understand it what you're sneakily taking advantage of is 1) You don't have to give notice as per the contract because you're outside it's term 2) You don't have to give notice as per the Statutory Periodic Tenancy because you've left before it becomes one I'd be careful though because your landlord is sure to try and keep hold of your deposit... Quote Link to comment Share on other sites More sharing options...
19 year mortgage 8itch Posted February 13, 2013 Share Posted February 13, 2013 Could you get aay with it if you were served with a Section 21 at the start of the tenancy? Quote Link to comment Share on other sites More sharing options...
gadget Posted February 13, 2013 Share Posted February 13, 2013 Could you get aay with it if you were served with a Section 21 at the start of the tenancy? In that case it most definitely is not "getting away with it". Your landlord has given you notice to quit, and you have vacated the property. He can hardly complain when you do what he asks. Quote Link to comment Share on other sites More sharing options...
sleepwello'nights Posted February 13, 2013 Share Posted February 13, 2013 I'd be careful though because your landlord is sure to try and keep hold of your deposit... On what grounds? Quote Link to comment Share on other sites More sharing options...
Alm0stCerta1n Posted February 14, 2013 Share Posted February 14, 2013 Don't think you do. All AST's continue as a periodic after the fixed term whether it's stated in the contract or not. As i understand it what you're sneakily taking advantage of is 1) You don't have to give notice as per the contract because you're outside it's term 2) You don't have to give notice as per the Statutory Periodic Tenancy because you've left before it becomes one I'd be careful though because your landlord is sure to try and keep hold of your deposit... This might be right but have not heard of it being tested. Do you really want to be the person to do that, just to annoy the l/lord a little more... Question is does the contract become statutory periodic one month earlier so that 1 month notice always required? That would be the intent; no idea where the ruling would fall. For me the potential downsides would outweigh the fleeting pleasure. Quote Link to comment Share on other sites More sharing options...
dangermaus Posted February 14, 2013 Author Share Posted February 14, 2013 we have a section 21 notice Quote Link to comment Share on other sites More sharing options...
Rozza Posted February 14, 2013 Share Posted February 14, 2013 And yes i'm a bellend, i'm just wondering if I can shaft the landlord one final way by moving out that date with no notice. We're fed up of him and his arsey ways, if I could move out that day without notice he'd have at least one months void....that's all I was thinking Yes I'm that petty You can absolutely do this, for the sake of safety i would suggest clearing your stuff out the day before the end of the tenancy and forfeiting a day, you can always go to the EA at 4:30pm the day before to hand back the keys, that way you dont run into any risks with times, also means they have the last day to do checkout etc with no problem of your stuff being in the way, also ensure all services are disconnected other than electric/gas, basically if you are doing this make sure you back is covered Quote Link to comment Share on other sites More sharing options...
StainlessSteelCat Posted February 14, 2013 Share Posted February 14, 2013 (edited) I did this with a place in London. The agent had served us with a Section 21 at the beginning of the tenancy so I phoned them up at lunchtime the day before I was due to move out and asked them to pick up the keys at 9am the next day. (a Saturday) Their face was a picture when they came round. Serving a section 21 at the beginning of a tenancy is such an evil thing to do that it's every tenants duty to try and discourage the practice. Fortunately, I had my deposit back already. Edited February 14, 2013 by StainlessSteelCat Quote Link to comment Share on other sites More sharing options...
dangermaus Posted February 26, 2013 Author Share Posted February 26, 2013 We gave them two weeks notice as the wife was freaking out that they'd keep the deposit They're insisting we have to give notice from the day before we pay rent, which is the 10th, so would owe them a months rent. ha. I forwarded several different websites stating that we're able to leave on the final day with no notice, see what happens now Quote Link to comment Share on other sites More sharing options...
gadget Posted February 28, 2013 Share Posted February 28, 2013 I forwarded several different websites stating that we're able to leave on the final day with no notice, see what happens now I wouldn't bother with the legalese... Just send them a copy of the S21 with the bit where they ask you to leave the property triple underlined. I like to see them tell the tds or a judge that, yes they asked you to leave at the end of the tenancy but they didn't expect you to actually DO it... Quote Link to comment Share on other sites More sharing options...
Damocles Posted March 1, 2013 Share Posted March 1, 2013 Don't think you do. All AST's continue as a periodic after the fixed term whether it's stated in the contract or not. As i understand it what you're sneakily taking advantage of is 1) You don't have to give notice as per the contract because you're outside it's term 2) You don't have to give notice as per the Statutory Periodic Tenancy because you've left before it becomes one I'd be careful though because your landlord is sure to try and keep hold of your deposit... Where the tenant remains in occupation and the other statutory conditions are fulfilled, an assured tenancy for a fixed term (and no more) does not actually continue when the fixed term expires. A completely new periodic tenancy arises. See the wording of section 5 HA 1988. If the tenancy is granted for a fixed term expressed to continue as periodic, then there is a single tenancy which starts as a fixed term and continues as periodic. Such a tenancy is for minimum period of the fixed term plus one period of the periodic tenancy. Since the "continuation" is contractual section 5 does not come into play and any contractual provisions imposed on the tenant to bring the tenancy to an end are enforceable. Quote Link to comment Share on other sites More sharing options...
Damocles Posted March 1, 2013 Share Posted March 1, 2013 In that case it most definitely is not "getting away with it". Your landlord has given you notice to quit, and you have vacated the property. He can hardly complain when you do what he asks. We have had a long discussion about this. See this thread starting at post 140. One thing that can be said with certainty is that a section 21 notice is not a notice to quit. If it were it would be ineffective because section 5(1) HA 1988 says that "the service by the landlord of a notice to quit is of no effect in relation to a periodic assured tenancy". If the notice is given before a periodic tenancy arises it also cannot be a notice to quit because notices to quit only relate to periodic tenancies. Quote Link to comment Share on other sites More sharing options...
Rozza Posted March 1, 2013 Share Posted March 1, 2013 (edited) Where the tenant remains in occupation and the other statutory conditions are fulfilled, an assured tenancy for a fixed term (and no more) does not actually continue when the fixed term expires. A completely new periodic tenancy arises. See the wording of section 5 HA 1988. If the tenancy is granted for a fixed term expressed to continue as periodic, then there is a single tenancy which starts as a fixed term and continues as periodic. Such a tenancy is for minimum period of the fixed term plus one period of the periodic tenancy. Since the "continuation" is contractual section 5 does not come into play and any contractual provisions imposed on the tenant to bring the tenancy to an end are enforceable. Where we definately do agree is that this is potentially a bit messy! That's the reason I advised exiting the day before the end if possible, by ensuring you are not there on the last day of the tenancy and handing back the keys that day, there is then no risk of a new periodic tenancy arising and hence the landlord can do nothing about it other than grumble and moan Thanks for highlighting the relevant legislation, often helps to clear up the reasons behind some of the advice we give on here Edited March 1, 2013 by Rozza Quote Link to comment Share on other sites More sharing options...
@contradevian Posted March 1, 2013 Share Posted March 1, 2013 And yes i'm a bellend, i'm just wondering if I can shaft the landlord one final way by moving out that date with no notice. We're fed up of him and his arsey ways, if I could move out that day without notice he'd have at least one months void....that's all I was thinking Yes I'm that petty Yes thats fine, but a day over and a statutory periodic tenancy is created. Quote Link to comment Share on other sites More sharing options...
Damocles Posted March 1, 2013 Share Posted March 1, 2013 It is often sensible to do things you do not need to do to prevent argument. There can sometimes be a problem deciding when a fixed term ends. The rules about how periods are calculated are not straightforward and, apart from that, some agreements are ambiguously drafted. Quote Link to comment Share on other sites More sharing options...
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