Are the landlords within their legal rights to ask for one month's notice, despite the tenants giving notice that they would be leaving on the date their lease expired? | LawHive - Solicitors & Lawyers Online
Are the landlords within their legal rights to ask for one month's notice, despite the tenants giving notice that they would be leaving on the date their lease expired?
Hi, Based in England My partner and I signed a 12 month lease which ends on the 13th July. Earlier this month we asked to move onto a rolling 1 month contract which was denied. We then said that we’d move on the 13th July which was the last day of our lease - this was on the 10th of June. Our agency then said they’d ask for a 6 month contract which we did not ask her to do. Earlier this week the agency said that they would be happy to do 6 months to which we replied that we were not interested as we had already found a new place to live - the agency themselves have already signed off on our references for the new property… they replied and said that the official notice period is 1 month and that we’d have to leave on the 27th of July which is a date much later than what is on our contract. My question is are they on the right side of the law? I can see why notice would be required, but I assumed that the 12 month lease along with us saying we would move on the 13th of July (email being sent before the 13th of June) would have been notice? I’ve included what we said in case it could be interpreted as ambiguous… “We will have to move on the 13th of July as that's when our contract is up.” Thanks!

Patricia Stewart

20th October 2021

3 upvotes

Top Answer
You gave them notice 1 month and 3 days ahead. You said you will move out. Can’t you forward that? I want to say the contract ends at the end of the year but I know there’s something about them being moved automatically to 1 month rolling if not given notice by landlord. So hopefully someone who knows more will come along and advise which is correct. But, as mentioned, if you said “we will move out on 13 July” on 10 June when they wouldn’t move to 1 month rolling, then surely you have effectively given notice?

Alvin Turner

11th February 2022

1 upvote

You can leave at the end of the fixed term without giving any notice, as long as you're out by the 13th you owe them nothing. For future reference, an AST becomes automatically becomes periodic after the end of the fixed term, so if you'd simply stayed in the house after the 13th you would have had a rolling contract. They're not able to deny that.

Laura Laudat

11th February 2022

3 upvotes

No - if you have vacated by the end of the fixed term, the contract ceases under the notion of 'effluxion of time' - they cannot demand more than the minimum they also agreed to.

Lois Rieger

11th February 2022

+1

4 upvotes

NAL but a homelessness Support Coordinator Did you inform the agency in writing? Because that is more than enough time to put in notice - a tenant has to give a month while the landlord has to give two, followed by court to fully evict if you do not leave of your own accord. If it's written then it's fine but if it was verbal then you would have to give written notice and you'd be liable for the next rent period (going into August now). Your tenancy end date should always be the day before rent is due. So for instance you pay rent on the 13th, tenancy end date needs to land on the 12th. But unless it was in writing they are right because a 12 month contract doesnt mean move out on that date, it's only the end of the fixed term rather than ending your right to reside. You always have to give notice of leaving.

Peter Garcia

11th February 2022

1 upvote

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