Fixed Term Tenancy

N

Now_and_Then

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Hi All,

Hope this is the right place for this question.

I have just come to the end of a one year fixed term tenancy (I'm the tenant). There have been no problems, everything's been fine for myself and the landlord. I haven't asked for any extension, in fact I haven't been in touch with the landlord for some time. My understanding is that I can't be given notice unless I break the terms of the tenancy but that if I choose to leave, I can give 42 days notice and that's it. That is based on the following info from [broken link removed]

Where a tenancy has lasted more than 6 months and less than 4 years, the landlord must state in the termination notice the reason the tenancy is being terminated and the termination will not be valid unless that reason relates to one of the following:
- the tenant has failed to comply with the obligations of the tenancy
- the landlord intends to sell the dwelling within the next 3 months
- the dwelling is no longer suited to the needs of the occupying household
- the landlord requires the dwelling for own or family member occupation
- vacant possession is required for substantial refurbishment of the dwelling
- the landlord intends to change the use of the dwelling.

Am I correct?

Any information greatly appreciated.

Tom
 
Tom,
your 12 month standard letting agreement is a contract.
It terminates through the effluxion of time after 12 months once both parties have fulfilled their obligations.

Even though you are statutorily entitled to a Part 4 tenancy after 6 months,as far as I can see you do not need to provide any notice once the agreement is terminated,having run its course.

The cutting in your post from Residential Tenancies act 2004 relates to premature termination.

I would just speak to the landlord if I was you-the agreement is over,contract fulfilled and you have no continuing obligations re termination.
 
My understanding is that you do not have to abide by the notice period for a Part IV tenancy unless you have asserted that you intend to enforce your Part IV rights.
 
Yes,I think you are right,particularly when it was a fixed term letting and the term is up and the tenant has complied with the conditions.
 
Hi, I've a related query about fixed term tenancies.. hope the OP doesnt mind. I was reading the law on the PTRB website and it stated that if you have a fixed term tenancy that you can only end the lease if there's something wrong with the property. From what I understand you only get Part 4 protection at the end of the lease if no new lease is put in place.. am i correct about this?
I'm currently 6months through a year lease with a property management company and want to move out in. We have had issue with the house and the heating (or total lack hereof) and want to move somewhere cheaper and warmer. The plumber has done all he can with the heating as its an old house with no insulation.. would this consitute reasonable grounds for terminating the contract (appropriate notice will be given)?
 
Dusty,
you are entitled to a part 4 tenancy after 6 months but obviously you do not have to exercise that right.
As for grounds for termination you need to first look at your letting agreement and see if there is provision for early termination.

The reasons you have outlined may not be reasonable as the state of the house now is as it was when you entered into the contract ie old house,poor insulation.

Where the tenancy is for a fixed term,as yours is,you can not terminate prematurely if the landlord is not in breach of the provisions of the letting agreement or his statutory obligations.
This applies through the term of the letting.

Whether you wish to convince PRTB or not as to whether the defects you describe are breaches of the agreement or not is a matter for you.
You would need to give him a reasonable period in which to put the defects right in any case.
Hope this helps.
 
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