Tenants’ giving late notice within fixed term tenancy?

CAB is right on this occasion. Tenants don’t need to give notice to leave on the last day of a fixed term. You’re lucky to have received 3 weeks’ notice.

Would it really have made so much difference to you to have had a month’s notice? I personally wouldn’t advertise the property for let until after they have surrendered the tenancy.

If they’ve been good tenants for 3 years I’d thank them for being very good tenants and wish them well for the future. Perhaps a hamper of goodies to help them settle in their new home.

I would agree with comment above. If they are good tenants I won’t bother with them as far property is maintained and they have hand over keys on time with respect.
Also, can understand your frustration, but it’s too late to react on past then to focus on present to get future tenants right again.

Good Luck

You obviously don’t understand your tenancy agreement and it’s legal implications.

Would have been better to have ascertained the position BEFORE going in with a hammer re ” I pointed out that they’d be in breach of contract as it clearly states a month’s notice”

And we wonder why there is so much bad press re landlords!

As others have said, thank them to being good tenants for the last 3 years and wish them well.

Why would you retain their deposit because their notice period was one week’s short? This seems unreasonable.

They also don’t have to give notice at the end of their fixed term

Unfortunately James the tenants have done absolutely nothing wrong. They can just leave on the last day of a fixed tenancy.
It’s incumbent on the landlord to manage their risks. This was clearly one of them. On this occasion wish them well and move on and install new tenants. It’s a situation you won’t forget and make the same mistake with in future.

If your tenancy agreement says that the tenancy continues after the fixed term expires as a contractual periodic tenancy, then your clause about the tenant needing to give notice would apply, otherwise the tenants can leave without notice at the end of the fixed term. Even if the notice clause is valid, I would just let them go. In practice, three weeks notice will rarely cause a problem for a landlord.

Does the tenancy contract mention what happens at the end of the contract, i.e. is a contractual periodic tenancy formed. If so, they must provide notice.

If it does not, then so long as they return back possession of the property on the last day, the tenancy will end in the effluxion of time.

Reply to the comment left by Cider Drinker at 12/08/2024 – 09:53
Absolutely cd . Don’t know what the issue is . I presume the rent has been paid up to the last day. Happy days , move on.

at one month before the end of the fixed term I would have contacted them to request access for viewings so you can secure a new tenant asap – that way minimising any void period.

Leaving at the end of the fixed term is what the agreement was about, so they don’t need to give notice.

The only issue you would have had is if they had not have moved out on the final day!

Reply to the comment left by Reluctant Landlord at 12/08/2024 – 13:43
Strange how some people are not informed by the comments.
As stated, if there is a continuation clause, notice has to be given as specified in the Tenancy Agreement. There is a bonus in having a continuation clause in that the liability for Council Tax remains with the Tenant until the expiry of the notice.
But is it worth the hassle for 1 week’s delay?