It is a query to the weblog clinic from Jo, who’s a tenant in England.
My fastened time period of 6 months is up shortly. It is going to then develop into a periodic contractual settlement. It states that
“The tenant might deliver the tenancy to an finish at, or at any time after the expiry of the fastened time period by giving the owner not less than one month’s written discover stating that the Tenant needs to vacate the property. A letter will suffice to implement this sub-clause. Whereas the tenancy is periodic, the one months discover should expire the day earlier than a Hire Due Date.”
I’m nonetheless at the moment within the fastened interval.
I’ve learn a lot recommendation that doesn’t appear constant. Do I’ve to serve discover ? ( I gave discover yesterday that I intend to depart on the finish of the fastened interval that I paid for in a single go up entrance and in full). If I can’t serve discover earlier than the top of the fastened interval, then it is a 7 month contract and appears an unfair contract. I expressly requested for a 6 months contract. However my tenancy settlement doesn’t state what I ought to do if I don’t wish to stay after the fastened interval.
The landlady has stated that I need to keep and pay till a month after the top of the fastened time period. What’s right?
Reply
The reply is that you probably have left by the point the fastened time period ends, then the tenancy will finish. Your landlady is inaccurate.
In reality, a tenancy will ALWAYS finish on the finish of the fastened time period. The owner can not stop this – the tenancy was solely ever created for the fastened time period interval. When this involves an finish, the tenancy (or lease – successfully, tenancies and leases are the identical factor, we simply have a tendency to make use of the phrase ‘lease’ for longer leases) will finish below what the attorneys name ‘effluxion of time’.
If the tenant remains to be in occupation after the fastened time period ends, then generally, a brand new tenancy can be created. If no new tenancy settlement or renewal kind has been signed, this can be a periodic tenancy . For an AST, this can be below part 5 of the Housing Act 1988. This periodic tenancy may be ended by a tenant’s Discover to Stop as described in your tenancy settlement.
If the tenant is NOT in occupation on the finish of the fastened time period, then this is not going to occur. The tenancy will simply finish.
Landlords are typically a bit sad about this rule as, understandably, they wish to know when tenants are going to vacate. For instance, they might want to prepare for the property to be inspected and so forth. Which is why they need a tenancy settlement clause requiring discover within the tenancy settlement.
Nonetheless, if the tenant has left by the top of the fastened time period, there may be really no want for any discover. The tenancy was at all times going to finish at the moment. So, any clause within the tenancy settlement requiring this can be void (below the Unfair Phrases guidelines, now discovered within the Shopper Proper Act 2015). The clause about giving discover for a periodic tenancy will solely be related if a periodic tenancy is created.
However, though it isn’t legally obligatory to provide discover if you’re going to go away on the finish of the fastened time period, it’s a well mannered and courteous factor to do, and I might advocate that you just do that.
