I think the main issue I have is about if it is a contractual periodic tenancy after the fixed term ends. I understand if this is automatic and stated on the contract, I must give whatever notice is stated in the agreement.
However, it says subject to consent from both parties. So they cannot assume it would automatically become a periodic term after the fixed term can they?
It is possible to create a contract which contradicts housing law. Therefore, it doesnât automatically follow that just because a contract contains a specific clause, itâs legally enforceable.
Youâre not going to get the answer you want here. Youâve been advised to seek legal advice if you want a definitive answer. Thatâs your only recourse.
Gotten some legal advice and this is the advice -
You are not required to give notice to leave at the end of your fixed term tenancy. When a fixed term ends on 28th February 2026, the tenancy simply expires on that date unless you and the landlord both agree to renew it or let it continue. The notice clause in your agreement applies to the periodic tenancy that would follow the fixed term, not to ending the tenancy on the date it was always meant to finish.
The clause states the licence continues on a periodic basis âsubject to consent from both partiesâ and âif not renewedâ. Since you have not consented to continue beyond 28th February and you are not renewing, this periodic arrangement does not come into effect. The two month notice requirement only applies if the tenancy actually becomes periodic, which requires your agreement. You are simply allowing the tenancy to end naturally on its agreed end date.
The label âlicenceâ does not change your rights if you have exclusive use of your room and this is not a live-in landlord situation. Regardless of what the agreement calls itself, if it functions as a tenancy, you can leave at the end of the fixed term without providing notice. Your landlord cannot enforce a notice requirement for you to vacate on the date the agreement was always scheduled to end.
Thanks for coming back and posting the results )) I can only imagine the agentâs face when you rub the legal advice all over it.
Next thing would be to get your deposit back. Be prepared for more fighting, seeing the vibe. Thatâs why we never deal with estate agent - had our fair share of negative experiences with them.
Iâm in the wrong trade. I shouldâve been a solicitor. I couldâve charged hundreds of pounds for my advice then instead of giving it for free above.
Good luck sorting this with your Landlord.
yep⌠youâd need to to pay off your student loans (obviously, you appear young enough to have them Karl)
[Also feeling vindicated that I was right about leaving on the last day of a fixed term with no notice needed]
@Tim_Ira a friend of mine deals with estate agents as part of her job and describes them all as snake oil merchants. As she puts it, there must be an honest one out there but in decades of experiences she hasnt met them yetâŚ
That legal advice is correct and echoes what I said in my post. You dont have a contractual periodic tenancy, you almost certainly have a fixed term AST and can just leave at the end of it. I would just leave on 28th Feb and invite the agent/landlord to sue me if they think they have a case. They dont.
see a solicitor
Give as much notice as you can so your LL can relet the flat as soon as possible as that might help preserve some of your deposit.
Be co operative on viewings for new tenants
Note where advertisement is placed from viewers, track it to see when it comes off
if you cant reach agreement on deposit tds/dps/mydeposits all favour the tenant at tribunal
Yep youâre right. Theyâre already straight into talking about how their terms aligns with UK legislation, youâre liable for rent even if a leave at the fixed term. A bunch of waffle to be honest. Talking about taking me to court as well 
love the scare tactics
@Peng2 yes they or landlord may have wrongly put in clause about 2 months anticipating what is in the RRA about that being the âstandardâ notice once all the fixed asts become periodic where the notice isnt already stated in TA.
Just quote the advice youâve received explaining if you move out on final date of fixed tenancy no notice is needed and tell them to check with their lawyers if they dont believe you. Tell agents you will report them personally to the police for theft with menaces - which can lead to imprisonment of up to 14 years - and to the council and your MP for harassment and intimidation if they continue to threaten you.
Good luck
Agents are in a happy situation where they donât bear the harsh penalties that LL usually does and can carry on being incompetent bullies.
Yes LL legally responsible but threat of criminal prosecution and police inquiries may stop an agentâŚnot something they want to have to explain to LL is it.
@Peng2 check if agent is member of a redress scheme. If so they may have to apologize or pay compensation , even for rudeness
. The redress scheme can require the agent to provide these types of redress
Google â Complaints about letting agents â and look at the shelter page
I have been watching this thread for a while without commenting. This exact scenario was quoted in a landlord training course delivered by a well known national landlord association. To my suprise it was stated that a tenant could just walk away without giving notice on the last day of an ASTs fixed term. I would have responded sooner but wasnât sure if the same rule would apply to a licence 
My solicitor told me that even though it is labelled a license, it is still a tenancy in a disguise. The court will see it as, if there is no live in landlord, you have your own room, you pay rent and then they will see it as an AST
You seem to be ignoring my posts, but Iâll try once more. You solicitor is correct and this would almost certainly be a fixed term AST. Such tenancies end on the date specified in the agreement. If the tenant is still in residence at that point, a new SPT arises automatically. If the tenant leaves on or before the expiry of the term, it ends. No notice from the tenant is required, although you should tell the landlord youâre leaving so that he cant claim you were still there.
Sorry David but who are you referring to? Peng doesnât seem to be ignoring your posts from what I can tell.
And after all⌠everyone here has a right to ignore anyone elseâs posts if they feel like it anyway soâŚ
Oh no no I never ignored your messages. I was just replying to Christopher
OK, my apologies. Its just that you didnât respond to my posts either to agree or query my suggestions and seemed to be reiterating the same questions.
I wish you well in challenging the agent/landlords demands.
Yes, of course everyone is entitled to do that, but we are giving our time and knowledge freely and its helpful to know if its being heard so that we dont waste our time if its not. In this case, I may have assumed too much.