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NinjaBot
22-12-2011, 09:22 AM
I am a tenant with an Assured Shorthold Tenancy fixed term contract.

Last year when the contract was to expire the agency pressurised me into signing a new contract when instead I wanted to move onto a statutory periodic tenancy due to the 2 month notice requirement in the contract.

In the new contract they added a clause: "The length of the notice must be at least two months, and the notice must be given before or on the day on which the fixed term comes to an end." (Not sure at all what this means under the variables of notice before, on and after the end of the AST end date)

Now this contract is due to end "after 7th Feb 2012" and we are looking to move but this 2 month notice period has not worked out for us to do so.
How does our notice period work in relation to the above clause and expiration of the Assured Shorthold Tenancy agreement?

Do we have to give notice/liable for the rent if we move out on the last day ie 7th Feb 2012 or would we wait till the AST expires, move onto a SPT and then give notice inline with the rental period?

Thanks for any help,
NinjaBot

jta
22-12-2011, 12:46 PM
You are able to move out on or before the last day of your fixed term, that is what you signed up to. Rent must be paid for the whole of the fixed term.

In a 'statutory periodic tenancy' statute over rides any clause in your tenancy agreement to do with notice periods.

westminster
22-12-2011, 13:05 PM
Now this contract is due to end "after 7th Feb 2012"....

...Do we have to give notice/liable for the rent if we move out on the last day ie 7th Feb 2012 or would we wait till the AST expires, move onto a SPT and then give notice inline with the rental period?

The notice clause has no effect. You do not need to give notice to end the tenancy if you wish to end it on the last day of the fixed term. All you need to do is vacate before midnight, and the tenancy/your liability for rent will end when the fixed term expires. (But it's best to inform LL in advance that you're planning to vacate, if only out of politeness so that he can plan accordingly).

If, on the other hand, you are in occupation when the fixed term expires, a statutory periodic tenancy will automatically arise, and the provisions relating to notice in the expired contract do not carry through into a statutory periodic tenancy - common law applies, and you would be obliged to give LL at least one month's notice, also expiring on the last (or first) day of a tenancy period (which isn't the same as a rental period, though they very often do coincide).

You say the contract is due to end "after 7th Feb 2012". Is this how it is expressed in the tenancy contract, i.e. the word 'after' is used? Either way, can you quote the exact wording of what it says about the length of the term. I just want to check you've got the last day right.