Do I have to give any notice in a shorthold tenancy if I intend to leave at the end of my fixed term?

Question

I am at the moment in a shorthold tenancy which is running till 19th of November 2009 (the term was one year); because our landlord did not come to us to ask our intention, we finally called him on the 3rd of November making sure there were no doubt that we were leaving at the end of the fixed term contract.
Then, the landlord came to us saying we should have given him a one month notice. It is written nowhere in the contract and he referred to the the housing act. My friend and I are french and we know nothing about property law. I just told him, he could not provide this information now and should have told us before (kind of obligation of information).
I did not want to sign any notice before I knew my rights. And the answer I found is: I do not have any obligation to give any notice if I intend to leave at the end of my fixed term, is that right? My landlord is exploiting the situation, isn't he? What shall we do?

Answer 1

Best Answer - Chosen by Voters

Erika-It is standard practice that any party not intending to renew a lease give the other notice..This way there is time to move-and a landlord has time to re-rent the unit. Any non renewed lease turns into a month to month arrangement which also requires 30 days notice..The landlord was probably assuming the Lease was going to be renewed--I sure would have...If you move and he puts up a fight--you may be held liable for a months rent for not giving proper notice

Source(s):

Landlord

Answer 2

no

Answer 3

It all depend what contract you have signed with your landlord.If your contract signed is the tenancy end on 19Nov2009, then that will be the date when both parties end the tenancy. Do not need to give any notice. It apply back to you, the landlord can ask you to leave after 19nov09, as that teh end of the tenancy.

Answer 4

In UK, a fixed term tenancy, is just what it says it is, a fixed term, and when it ends you can legally walk away. Usually notice is given, but really the landlord should for his own interest contact you to see if you wish to extend.
If he has referred to the housing act , then he has not read it correctly.

There is no requirement for any tenant to serve Notice on the landlord to end a fixed term tenancy agreement, only when ti becomes periodic!

Therefore you MUST leave the property on the last day 19th Nov, or it goes into a periodic agreement and you will have to give notice.

DO NOT sign anything else, there is no reason, you may find your signing another tenancy !! Even if its notice to vacate legally you do not have to sign.

So to clarify, you do not need to do anything further, just move out, and make sure he has your keys on or before 19th Nov. Make sure he has all the details for returning your deposit, and a contact number.
Good luck

Answer 5

Laws are different everywhere...you could call the housing authority yourself to find out for sure. I've rented two places...one place the landlord didn't really care and was easy to get along with....the 2nd place they were good but very strict about following the laws and contract. The 2nd place I asked the landlord alot of questions (she worked for a lawyer) about the contract becasue I had never really had to deal with that much detail before in a contract...she said the date the lease is up it's up and we can renew if she wants to also and possible some terms could change at that time or we could leave. She was nice so she said she would get with us a month or so in advance and let us have the new lease if we want to stay and that she never uped rent unless it was just like $20 or $30 if you had excessivly high water bills and would show us the bill if that was done.
I would think that if the contract is up it's up....he can't hold your responsible for the next month(s) rent unless you decide to renew lease and stay there. Unless, it states in your lease agreement about turning in a notice. Just call the housing authority to be sure...if they say your not responsible ask if they can give you anything in writing so that you can show your landlord also.