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.