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creswell
03-02-2010, 10:48 AM
Hi

I have a question about the terms of a particular agreement. I am an adviser by the way attemting to assist a client.

T has entered into an agreement with L for a six month contract that specified 2 months notice for the T. T gave six weeks notice that he wanted to vacate at the end of the fixed term. L is subsequently disputing the return of the deposit saying that 2 months notice was required and L can ask for additional 2 weeks rent (to equate to 2months notice).

My question is therefore does T need to honour the 2 months notice if T is vacating at the end of the fixed term? I understand that if the tenancy had become periodic even by one day then in my opinion T would be required to provide 2 months notice (as the terms of the intial tenancy agreement would roll on).

I can see the argument from both sides.

Any asistance as always greatly appreciated.

NoMoreFaith
03-02-2010, 10:55 AM
There really no argument in this case.

A fixed term contract is exactly that, a contract from date A, ending on date B.

2 months notice may be stated in the contract, but the tenant is not legally obligated to give notice on a fixed term contract, provided of course he has actually vacated the property and returned the keys before this contract expires.

It is a cause of frustration for many landlords that tenants vacate at the end of a contract, even when they state verbally they wish to stay, and then change their mind.

jeffrey
03-02-2010, 11:51 AM
There really no argument in this case.

A fixed term contract is exactly that, a contract from date A, ending on date B.

2 months notice may be stated in the contract, but the tenant is not legally obligated to give notice on a fixed term contract, provided of course he has actually vacated the property and returned the keys before this contract expires.

It is a cause of frustration for many landlords that tenants vacate at the end of a contract, even when they state verbally they wish to stay, and then change their mind.

All that is true only if the letting is governed by the Housing Act 1988.