This can be a query to the weblog clinic from Jo, who’s a tenant in England.
My mounted time period of 6 months is up shortly. It is going to then change into a periodic contractual settlement. It states that
“The tenant could convey the tenancy to an finish at, or at any time after the expiry of the mounted time period by giving the owner at the least 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 presently within the mounted 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 go away on the finish of the mounted 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 mounted interval, then this can be 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 need to stay after the mounted interval.
The landlady has stated that I have to keep and pay till a month after the top of the mounted time period. What’s right?
Reply
The reply is that when you’ve got left by the point the mounted time period ends, then the tenancy will finish. Your landlady is inaccurate.
Actually, a tenancy will ALWAYS finish on the finish of the mounted time period. The owner can’t stop this – the tenancy was solely ever created for the mounted 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 beneath what the legal professionals name ‘effluxion of time’.
If the tenant remains to be in occupation after the mounted time period ends, then generally, a brand new tenancy shall be created. If no new tenancy settlement or renewal kind has been signed, this shall be a periodic tenancy . For an AST, it will be beneath part 5 of the Housing Act 1988. This periodic tenancy could 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 mounted 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 need to know when tenants are going to vacate. For instance, they might want to organize 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 mounted 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 shall be void (beneath 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’s not legally essential to present discover if you will depart on the finish of the mounted time period, it’s a well mannered and courteous factor to do, and I might advocate that you just do that.
