Hello. I have a tenant who is on a 12 month contract ending 12th May 2022. He has asked if he can leave early and I have found new tenants. Can anyone please explain what they would have had to do if I didn’t agree to them staying to the end of the contract?
Would they stay until the 12th May and then give me one months notice of leaving, or could they give me a months notice on 12th April so their one month notice took them up to the 12 month date they would have rented the property.
They dont need to give notice if they leave by end of fixed term.
I agree with Richard19 unless this tenancy becomes contractual periodic at the end of the initial term, in which case they would have to serve notice in accordance with the terms of the tenancy agreement.
Please give me some advice, David…
If an AST states that a tenancy will become contractual periodic after the initial fixed term, but the tenants vacate on the last day of the fixed term, does any notice need to be served by either party? I’m guessing not since the tenancy has not officially become contractual periodic, correct?
What if the tenant vacates after the fixed term ends (for example, the very next day)? I’m guessing the contractual periodic tenancy would have officially kicked in and some sort of notice must be served by either party to end the tenancy correctly? Or is the tenant amicably leaving enough?
No, that’s not correct Maria27. A tenancy that becomes contractual periodic after a longer initial term, is one continuous tenancy, so it doesn’t end on the last day of that initial term. Notice must always be served by tenants who wish to leave, whether at the end of that initial term or a few days later.
Got it! Thanks, David.
So for student lets (where you don’t want them staying beyond a fixed term of 12 months), it’s best if the AST doesn’t state that the tenancy becomes contractual periodic after the fixed term.
Instead, the AST should just state the fixed term only, then no notice needs to be served by either party as long as the tenants leave on the last day of the fixed term, right?
Also, what if the tenants don’t leave by the end of the fixed term? I understand the tenancy will become statutory periodic, but are there any disadvantages to this over a contractual periodic tenancy?
Yes thats right, although you cant prevent an SPT arising if the tenant stays past the end of the fixed term. Its one of the problems with student lets, that you cant guarantee the property will be available for the next batch of students that you will already have signed up. Its one of the reasons I dont recommend signing the contract with students until their first day. Better to reserve their places with holding deposits. Its also particularly disadvantageous for tenants on joint tenancies, as just one person staying on makes them all liable for the rent.
Thank you! I appreciate your help with this!