Tenants’ giving late notice within fixed term tenancy?

Tenants’ giving late notice within fixed term tenancy?

9:46 AM, 12th August 2024, About 2 months ago 12

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Hi, my property has been let for the last 3 years to a couple of otherwise very good tenants, on a fixed-term contract. I offered them another year’s fixed term but they didn’t get back to me (first red flag) and they’ve now contacted me saying that they’re giving their notice to move out on the day the fixed term ends.

Their contract states they need to give one calendar month’s notice, and they’re under that by a week (i.e. a month’s notice would have been a week ago). I pointed out that they’d be in breach of contract as it clearly states a month’s notice but they’ve just replied that they have been told by Citizens Advice that it’s unenforceable/unreasonable.

This hasn’t happened to me before so I’d appreciate any advice on how to proceed – am I within my rights to claim the month’s rent from them after the fixed term contract ends as they didn’t give me a month’s notice? Keep applying pressure? Or is it a battle I’m not going to win?

Thanks,

James


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Comments

Cider Drinker

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9:53 AM, 12th August 2024, About 2 months ago

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.

R

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10:19 AM, 12th August 2024, About 2 months ago

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

Judith Wordsworth

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11:01 AM, 12th August 2024, About 2 months ago

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.

Nikki Palmer

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11:10 AM, 12th August 2024, About 2 months ago

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

Ivor Tennant

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12:08 PM, 12th August 2024, About 2 months ago

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.

DPT

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12:38 PM, 12th August 2024, About 2 months ago

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.

Jonathan Willis

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13:30 PM, 12th August 2024, About 2 months ago

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.

PH

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13:33 PM, 12th August 2024, About 2 months ago

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.

Reluctant Landlord

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13:43 PM, 12th August 2024, About 2 months ago

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!

JUD KIRK

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15:20 PM, 12th August 2024, About 2 months ago

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?

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