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Question

Ending a Tenancy (England) | England | Tenant Moves Out (England)

Tenants left 5 days after the end of the fixed term without giving a full month notice

13 Feb 2021 | 1 comment

Tenants’ fixed term ended on 1st February 2021.

On 1st February 2021 tenants send us a WhatsApp message telling us that they have found another flat and are moving out on 6th February 2021.

We tell them that the monthly rent is due in full on 2nd February 2021 as they should have given us one month written notice as per the Guild’s Tenancy they have signed.

They have only paid £165 out of the £800 monthly contractual rent, have still not sent a gas engineer to certify that the bayonet fitting from which they removed their gas cooker is not leaking and the gas supply can be turned back on so that the now empty flat can be heated to avoid bursting pipes in this cold weather, haven’t yet cleaned the flat nor their dog’s mess in the courtyard and haven’t given their keys back.

They refuse to pay the balance of the monthly rent.

We have used your no deposit Tenancy Agreement. Can we still file a court claim for the balance against one of the tenants and their Guarantor notwithstanding that there is no statutory requirement for a tenant to serve notice to end a fixed-term tenancy at the end of the fixed term?

Who is liable for the Council Tax whilst they are still holding the keys and haven’t confirmed the date for the final inspection?

Answer

1 Comment

  1. guildy

    Yes, you are entitled to the one months notice once the tenancy has gone periodic. They were in occupation beyond the term and as such you’re absolutely entitled to the notice (and rent in absence of proper notice).

    It’s not just under the tenancy agreement but it’s also a statutory requirement under Protection from Eviction Act 1977.

    Please see this page for more details and in particular see the article “Is notice from tenant valid” under useful links on that page.

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