I was living in a property, the agency called me 2 months before the contract expired saying that they were going to sell the house, my contract ends today, August 22nd, they told me that I did not tell them that I was going to leave the house, but they did not offer me a contract renewal and I already knew that they were going to sell the house, so I assumed that on the 22nd I would have to leave the property, I called them to find out where I could return the keys, they are claiming that I should have told them that I was going to leave the property 1 month before.
Firstly, what does your rental contract say about ending the contract?
If the contract says the fixed term expires today, you can leave today with no issues. But if you stay until tomorrow, it’s likely to become a periodic tenancy.
The Term: The Tenancy shall be for a period of 12 Months to start on and include the 23rd August 2023 and to end on and include 22nd August 2024 but subject to break clause in Special Tenancy Conditions, and thereafter from Rental Period to Rental Period. The Term and the periodic tenancy that arises after it shall be referred to as “the Tenancy”.
1.48. End of Tenancy
1.48.1. At the expiration or sooner termination of the Tenancy:
a. Clean the Property to the same standard as received on Check In. Contents including the washing or dry cleaning (including ironing and pressing) of all bedding, linen, towels, carpets, curtains, upholstery and soft furnishings and other articles set out in the Inventory or articles substituted for the same which shall be shown by reference to the Inventory to have been soiled during the Term;
b. Make good and/or pay for the repair of or replacement of any of the Contents that are broken, lost or damaged during the Term, save for fair wear and tear;
c. Notify all utility and council tax authorities of the date of termination of the Term and pay all outstanding accounts with the service providers up to and including the last day;
d. Arrange for the return to the hire company prior to the check-out of any hired or rented television or other equipment or appliance which the Tenant has hired or rented for his use at the Property;
e. Deliver all keys and remote control devices to the Landlord or the Landlord’s Agent and pay to the Landlord all reasonable costs incurred by the Landlord in replacing the locks or devices where such keys or devices are missing;
f. Remove all personal items from the Property before the end of the Term. The Tenant will be responsible for meeting all reasonable removal costs and/or storage charges for items left in the Property after the end or earlier termination of the Term. The Landlord will remove and store such items for a maximum of one calendar month, and take all reasonable steps to contact the Tenant in this regard and, where possible, will notify the Tenant at the last known address. If the items are not collected within one calendar month the Landlord may dispose of them and the Tenant will be liable for the reasonable costs of disposal, which may be deducted from the Deposit or from any sale proceeds and if there are any costs remaining they will remain the Tenant’s liability;
g. Provide the Landlord or the Landlord’s Agent with a forwarding address where the Tenant may be contacted after the Tenant has vacated the Property and permit the Landlord or the Landlord’s Agent to give the forwarding address to the suppliers of gas, electricity, fuel, water, telephone services, environmental services or other similar services incurred at the Property for which the Tenant is liable and Council Tax authority;
The Term: The Tenancy shall be for a period of 12 Months to start on and include the 23rd August 2023 and to end on and include 22nd August 2024 but subject to break clause in Special Tenancy Conditions, and thereafter from Rental Period to Rental Period. The Term and the periodic tenancy that arises after it shall be referred to as “the Tenancy”.
The wording is not very clear and it would be up to a judge to interpret it, but its possible that its be intended to be a Contractual Periodic Tenancy, in which case you would have to follow the notice clause in the agreement. If I were you, I would reply to the agent saying that you believe that from the wording its a fixed term tenancy and that a statutory periodic tenancy would only arise if you stayed past the end date and can therefore leave without notice. They may decide not to challenge it with such a vague contract. This would, of course mean that you have to leave today.
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