Length of Notice Period

Landlord Discussion
1

Does our tenant - on a 12 month fixed contract, need to give us notice to let us know if he plans to leave on 28th October when his tenancy runs out?

I saw the following in a link sent to me by Openrent and was shocked to read that he does not need to give us any notice:

"Tenants can normally move out on the last day of the fixed term without the need to give any notice. They would no longer have to pay rent or have any of the other rights or obligations under the contract. The contract will be considered to have ended by ‘effluxion of time’."

Is this correct? Or looked at the opposite way, does our tenant need to let us know if he plans to stay on? If so, how much notice does he need to give us?

Thanks if anyone can clarify.

Brenda

2

Hi Brenda,
That is how I understand the law, however my last legally drafted lease did include for tenants to let me know 14 days before the end, and in fact I preempted by serving a s21 at month 4, saying I would sign new lease with them, but it wasn’t going to be rolling periodic. I suspect the 14 days notice may not be enforceable, but it helps as a request.

3

Hi Brenda,

This infuriates landlords everywhere (see this thread for starters!)

But yes - the law sees this as two people agreeing a contract of a fixed length, so the tenant doesn’t need to ‘give notice’ to the landlord that it’s ending – the length was explicitly agreed at the start of the tenancy. That’s why it’s called a fixed term!

4

Thanks, Sam. I will contact our tenant and see if he can give me any idea of his plans. It does say on the Openrent site that once it is within 60 days of a tenant leaving there is a button I can press to ask the tenant if he wants to renew, but I can’t find the button. Any suggestions? Thanks! Brenda

5

Thanks, Sally. I am not sure why but this has never happened to me before. My tenants since 1992 have always given me notice. Is this something new that tenants no longer have to give notice? Thanks if you happen to know. Best, Brenda

6

Hi Brenda, I’m no expert and don’t know when it came in. It’s applied in the last few years. Often tenants may be unaware so give notice as the courteous thing to do. If they don’t we just have to wait and see!

7

Hi Brenda, the option to renew is for available for Rent Now tenancies. So if your tenancy was set up with Rent Now, then you should see the renew option within two months of the end of the fixed term, as you say.

If your tenancy meets these criteria, then you’ll find the option to renew here:

But please read #3 in on this page for a full guide!

Hope that helps and let me know any more Qs!

8

Thanks, Sam. My tenancy was set up with Rent Now, so I can send a new agreement to Dr Nori through this method. So he receives the new contract and is asked to sign it. How long should I give him to sign it? I need a bit of notice if he plans to leave on October 28th and this may be a good way to find out his intentions if, that is, there is a deadline for signing the renewal. Is there usually a deadline? Thanks. Brenda