Tenants Leaving & inadequate notice provided

goose

Registered User
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58
Hi,

I have tenants whos fixed term lease agreement is due to expire 13th October this year. Tenants have given me only 17 days notice. As I understand they must provide 35 days notice as per tenancy act (they are tenants between 6 months and 1 year) Is my understanding correct? Or are they allowed leave on 13th with out further notice?
 

No they have to give you 35 days notice.
 
There is no requirement for a tenant to give notice once a fixed term lease has come to it's end. A notice period would be required if it were a Part 4 tenancy or periodic lease in place.
 
There is no requirement for a tenant to give notice once a fixed term lease has come to it's end. A notice period would be required if it were a Part 4 tenancy or periodic lease in place.

My apologies, I thought they had to give 35 days notice that they were not continuing with the tenancy.
 
@commonsense @round1, I contacted Threshold in particular the landlord advice section

[broken link removed]

According to their advice, a tenant must provide 1 months notice irrespective of the fixed term contract. They advised tenant should have provided notice by 13th Sept. these are the same people advising tenants.
 
Unfortunately, Threshold do not always get there facts correct. One regular mistake they make is quoting for Part 4 laws when there is a fixed term in existence and visa versa.

No notice is required for a tenant vacating at the end of a fixed term agreement - whether written or verbal. This is because a fixed term lease has an expiry date.

However, it would be advisable for the tenant to make arrangements for a pre exit inspection of the property about 3 weeks prior to vacating - in this way, they may be able to rectify and damage in excess of normal wear and tear as they have no right to enter the property once the fixed term expires.
 
thanks facetious; the assumption is therefore the tenant is vacating unless they notify landlord they wish to extend? Do you know if this is explicit within the residential tenancy act 2004?
 
thanks facetious; the assumption is therefore the tenant is vacating unless they notify landlord they wish to extend? Do you know if this is explicit within the residential tenancy act 2004?
It is explicit that a tenant wishing to remain in a property at the end of a fixed term agreemernt should notify the landlord of the fact, in writing, between 3 months and 1 month prior to the end of the fixed term. However, failure to notify the landlord does not exclude the tenant's right to remain but the tenant may be liable for the landlord's costs if he has advertised, employed an agent to find a new tenant etc.

As regards the end of a fixed term lease, there is very little in the RTA 2004 specific to these leases. However, as I stated previously, at the end of a fixed term lease, the lease expires. That is definitive. Therefore a tenant does not have to give any notice, though it is polite to do so.

Also as I mentioned previosly, if the tenant wants the return of his deposit in full, the tenant should ask the landlord for a pre exit inspection so that any problems may be noted and rectified prior to the vacating of the property.

A fixed term lease with any special conditions (such as no smoking, no pets etc still stand in place for a tenant remaining in a property at the end of a fixed term, and who has not signed a new fixed term lease; i.e. those special conditions carry on into a non written Part 4 tenancy.