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requirement for tenant to give notice during fixed
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TOPIC: requirement for tenant to give notice during fixed
#385
ukala73888 (User)
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requirement for tenant to give notice during fixed 2 Years ago  
Is it correct that a tenant does not have to give notice to end a tenancy upon the expiry of a fixed term AST even if the tenancy agreement stipulates a notice period for this?
 
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11123 (User)
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Re:requirement for tenant to give notice during fixed 1 Year, 10 Months ago  
A fixed term tenancy is for a fixed term and the tenancy ends when the fixed term ends despite what might be worded in the agreement itself. The tenant is free to walk without giving notice. This is Guidance from the Office of Fair trading vis-a-vis Unfair Terms in Consumer Contracts Regulations 1999. If the tenant remains in the property when the fixed term ends then the Housing Act 1988 creates a statutory periodic tenancy and to end a statutory monthly periodic tenancy the tenant must give a month's notice to expire on the last day of a period of the tenancy. Again what the agreement states that created the fixed term tenancy about the notice to end any statutory tenancy that comes into effect is void.

OFT suggestion: Put in the agreement a polite note for the tenant that you would like adavance warning if the tenant is deciding to vacate the property at the end of the fixed term. The OFT is of the opinion that the landlord has the upper hand because he can serve a notice requiring possession at the end of the fixed term tenancy
 
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Last Edit: 2010/04/01 14:03 By 11123.
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wikis15 (User)
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Public Adjuster 17 Hours, 53 Minutes ago  
 
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