Minimum notice required to leave?

Minimum notice required to leave?

0:01 AM, 27th October 2023, About 6 months ago 11

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Hello, I have a tenant who on the 25th Oct informed me she would be leaving on the 31st Oct 2023. She is on an AST that started on the 1st May 2023 and would be due to roll over on the 1st Nov 2023.

The tenant pays their rent per month and is up to date with their payments. The AST states the start date is the 1st May 2023 and would run for a period of 6 months from that date, there is no clause referring to a notice period. However, on 9th Oct, I texted her asking if she would be leaving at the end of Oct, and she replied she would be staying on.

On the 24th Oct she texted me asking if she could stay on until the end of Nov and this was agreed. The next day on the 25th Oct she texted me to say she would be leaving on the 1st Nov 2023.

So my question is, what is the minimum notice period (I assumed it was 1 month) a tenant must give before the fixed term expires? I just feel 5 days’ notice is too short.

Many thanks,

Roy


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Comments

Martin Roberts

11:48 AM, 27th October 2023, About 6 months ago

My personal view is let her go, you'll easily re-let if you wish to.

Andrew Harrison

11:48 AM, 27th October 2023, About 6 months ago

Hi Roy,

You are correct, it is 1 month minimum either when it's on periodic or from when the fixed term ends. How much remedial works are needed to re-let? Could you get it advertised and let it fast? Then possibly take a view and agree with outgoing tenant that they could go earlier if you got someone in rapidly? If not then have to weigh up court order for chasing costs, as they still have council tax and utility liabilities going forwards also.

Personally, if I could, I'd try get a new tenant as fast as I could and come to an amicable agreement with the outgoing tenant, depending on their circumstances, and if its possible of course. Best of luck.

John Mac

11:52 AM, 27th October 2023, About 6 months ago

They don't need to give any notice if leaving at the end of a fixed term.

That being said you could argue that they gave you confirmation that they were leaving end of Nov, so another months rent would be due.

I would write to them & state that they must pay for the extra month. However if they don't pay you will have a job chasing for the money.

Fed Up Landlord

12:00 PM, 27th October 2023, About 6 months ago

Let her go and re-let. Send her a copy of the inventory and let her know that you expect it to be returned in the same condition as first let, allowing for wear and tear.

Clint

14:55 PM, 27th October 2023, About 6 months ago

This is incorrect. The tenant does not have to give a notice at the end of a fixed term unless there is a clause in the tenancy agreement which states that a notice must be given in which case the notice cannot be more than one calendar month.
If the tenancy is one with a fixed term and a contractual (not statutory) periodic term, the notice can be up to two months.

RoseD

15:44 PM, 27th October 2023, About 6 months ago

Always advisable to be clear on notice period. Statutory is a month from tenant two from you from date of tenancy. If this is her first let she may be confused and thinks she is at liberty to do what she wants now the 6 month period ended. I'd enlighten her she is technically liable to a months notice but if you can relet sooner you'll consider early release. Guess it depends what state the flat has been left in. My focus would be on that personally and reletting asap.

Michael Booth

19:45 PM, 27th October 2023, About 6 months ago

Best thing don't bother chasing her it will only stress ya out make sure she fill the correctly written notice of leaving dated and signed and witnessed and say bye, would not bother chasing her for damage unless really serious best take her around property with you take pics and video for future reference if for what ever reason pops up..

David Houghton

20:40 PM, 28th October 2023, About 6 months ago

Let it go, don't sweat the small stuff, a good reputation is invaluable. Lots of my ex tenants came back

Easy rider

22:34 PM, 28th October 2023, About 6 months ago

Tenants can leave before the end of the fixed term or on the last day of the fixed term without giving any notice.

It’s a bit rude but that’s how ‘fixed terms’ work.

Landlords should be talking to their tenants to ascertain their intentions.

Jessie Jones

11:54 AM, 29th October 2023, About 6 months ago

From your description of the text messages you exchanged with her, it doesn't sound like they amounted to a contract between you for her to stay longer, she was simply asking for permission.
This doesn't place any obligation on your tenant.
As others have said, simply re-let the property and move on. Don't sweat the small stuff !

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