I am a tenant currently in the middle of a fixed term contract AST from 1st September 2012 to 1st September 2013.
The agreement states that an AST will occur between these dates for 12 months and will be using all previous terms and clauses from the original contract. I have some questions about ending the tenancy.
The original contract states that in order to terminate the contract, 2 months notice is required "over and above" any additional extension agreement. It also states, that this 2 months notice must not expire "any earlier than 6 months from the commencement of this agreement". This is because the initial AST we first had was a 6 month one, and the original contract papers are being referred to.
1: Can I cancel after 6 months (so basically now as it is past 1st March 2013) giving 2 months notice, despite being in an AST until 1st September 2013. So what I am asking is, since it refers to the original contract which states I can cancel no earlier than 6 months, does it go by that, or does this get overruled by the fact I am in a 12 month AST? Basically when I signed the 12 month AST, a new contract was not drawn up changing the 6 month part so I am wondering if this could be a get out clause for me.
2: Assume I want to leave the property as soon as my fixed term AST expires on September 1st 2013, am I correct in stating that so long as I officially leave the property by midnight the day before, a periodic tenancy would not be entered into, and my contract would cease there and then, and no notice would be required to be given by me of my intention to leave?
3: Even if it is written into the AST that 2 months notice is required at any time by tenant or landlord/agent to leave the property, this is not law and hence not legally binding when ending a fixed term AST as I intend to above?
4: If the above is true, when I get written to 2 months before the AST is due to expire by the letting agent asking me if I want to extend for 6 months or 12, I am perfectly entitled to ignore such letters? If pushed for an answer, am I also entitled to not give them an answer despite all manner of phone calls/emails/knocking on my door?
5: If the above is also true, and the LL/agent then thinks I will leave when the AST expires and wants to start advertising the property to get a head start on getting new tenants, is this legal whilst I am still renting and occupying the property?
6: As above continued, if the LL/agent also wants to start showing potential new tenants around the property during this period, is this also illegal since I would not have stated that I am to leave the property?
7: How does one as a tenant, prove that they have indeed left the property in time for it not to automatically roll onto a periodic tenancy? i.e. Is there a sure fire way of proving you have left before the AST expires? Is this handing in keys to the LL/Agent?
8: When leaving in the above manner, would this make it any harder for me to get my deposit back since I would no longer be living at the property? Presumably the LL/Agent could call me on my mobile, or could they insist that they send correspondance in the post to be awkward, to the address I have just left, and/or ask me for my new address?
Many thanks for your assistance.
Kind regards
The agreement states that an AST will occur between these dates for 12 months and will be using all previous terms and clauses from the original contract. I have some questions about ending the tenancy.
The original contract states that in order to terminate the contract, 2 months notice is required "over and above" any additional extension agreement. It also states, that this 2 months notice must not expire "any earlier than 6 months from the commencement of this agreement". This is because the initial AST we first had was a 6 month one, and the original contract papers are being referred to.
1: Can I cancel after 6 months (so basically now as it is past 1st March 2013) giving 2 months notice, despite being in an AST until 1st September 2013. So what I am asking is, since it refers to the original contract which states I can cancel no earlier than 6 months, does it go by that, or does this get overruled by the fact I am in a 12 month AST? Basically when I signed the 12 month AST, a new contract was not drawn up changing the 6 month part so I am wondering if this could be a get out clause for me.
2: Assume I want to leave the property as soon as my fixed term AST expires on September 1st 2013, am I correct in stating that so long as I officially leave the property by midnight the day before, a periodic tenancy would not be entered into, and my contract would cease there and then, and no notice would be required to be given by me of my intention to leave?
3: Even if it is written into the AST that 2 months notice is required at any time by tenant or landlord/agent to leave the property, this is not law and hence not legally binding when ending a fixed term AST as I intend to above?
4: If the above is true, when I get written to 2 months before the AST is due to expire by the letting agent asking me if I want to extend for 6 months or 12, I am perfectly entitled to ignore such letters? If pushed for an answer, am I also entitled to not give them an answer despite all manner of phone calls/emails/knocking on my door?
5: If the above is also true, and the LL/agent then thinks I will leave when the AST expires and wants to start advertising the property to get a head start on getting new tenants, is this legal whilst I am still renting and occupying the property?
6: As above continued, if the LL/agent also wants to start showing potential new tenants around the property during this period, is this also illegal since I would not have stated that I am to leave the property?
7: How does one as a tenant, prove that they have indeed left the property in time for it not to automatically roll onto a periodic tenancy? i.e. Is there a sure fire way of proving you have left before the AST expires? Is this handing in keys to the LL/Agent?
8: When leaving in the above manner, would this make it any harder for me to get my deposit back since I would no longer be living at the property? Presumably the LL/Agent could call me on my mobile, or could they insist that they send correspondance in the post to be awkward, to the address I have just left, and/or ask me for my new address?
Many thanks for your assistance.
Kind regards