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Question

Ending a Tenancy (England) | England | Tenant Wants to Leave (England)

Tenants want to vacate in 10 days.

16 Feb 2021 | 2 comments

Our tenants told us they were looking for a new property last week. We explained the notice period and they said the place they were considering the Agent wanted them in on the 25th.

Their fixed period of 12 months ends on 9th March. I explained if they serve notice before 10th March their tenancy would end on 9th April. They’ve emailed today to say:

“As it is coming to the end of our tenancy and we have found somewhere they would like us to move in on the 25th February. We have appreciate that you let us be here for a year.”

What do you think is the best way to respond?

thanks,

David.

Answer

2 Comments

  1. guildy

    Tricky one because a fixed term is a fixed term contract like any other so if they’re not in occupation and keys returned on the last day of the term, the tenancy will not normally continue into periodic and it will be at an end.

    The first thing to do is check the terms of the tenancy agreement for any procedure relating to the last day of the term.

    Our agreement has a clause that basically says if they intend to leave on the last day, they must give a months prior notice. The only problem is whether it’s enforceable or not (it’s never been tested yet). The reason why there’s doubt is because it’s a fixed contract and a tenant arguably should be allowed to end on that day (as long as they have vacated and given keys back on or before that date).

    If you’ve used our agreement, you can absolutely point out that clause and see how far you can push it.

    If there’s no clause referencing the last day in the agreement, then they will most likely be able to leave on or before and the tenancy will be at an end – even without prior notice.

    You will always be entitled to rent up to the last day of the term even if they say they’re going on the 25th.

  2. Leezy2

    All our agreements are generated using the tenancy builder, so it does say that notice is required if they want to vacate at the end of the fixed term. I’ve never encountered this before, is the same true of a 6 Month fixed term as well, ie. a tenant can just leave without giving notice?
    I have a feeling the Agent may be coaching them, strange as they signed our agreement on our behalf a year ago.
    If I understand correctly, there’s not really anything I can do, despite the terms in the contract, to stop them being bound by the tenancy agreement on the 9th March? Would they still be responsible for the property though until that date? What happens if they leave and the property is damaged before their tenancy fixed term ends? I am in France so there is no way I can get back and complete quarantine to collect keys from them before they say they are moving out.
    Also, the text I quoted is the entire email they sent me. They’ve not actually said they want to end the tenancy have they?

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