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SASH_Law
SASH_Law, Lawyer
Category: Law
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Experience:  LLB (Hons)
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Tenancy agreement, Melksham, I have advised my landlord that

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tenancy agreement
JA: Where is this? It matters because laws vary by location.
Customer: Melksham
JA: What steps have been taken so far?
Customer: I have advised my landlord that me and my partner are moving out at the end of our fixed term
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: no
JA: Have you talked to a lawyer about this?
Customer: no
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: yes, my landlord is trying to get us to give 1 months notice, but in our contract it only states this is applicable to a periodic tenancy, but we are not on that tenancy as our fixed term has not ended yet and we will move out on the date at which this ends

Hi, I’m Lea and I will be assisting you with your query today.

I am very sorry to hear about your dilemma, but will do my best to provide you with advice and guidance on what to do next. Are you asking whether you have to give a month's notice? When does your tenancy end, and when did you inform the landlord you were moving out at the end of the term?

It may be useful for you to cut and paste the termination clause in the tenancy agreement for me to review. Do not attach the whole tenancy agreement as I will need to charge for reading through it (happy to provide you a premium service offer if you would in fact prefer for me to read it).

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Customer: replied 15 days ago.
Hi Lea, I have sent you a copy of the tenancy agreement for you, it does not state that we need to provide notice at the end of the fixed term and that where the tenancy becomes a periodic tenancy at the end of the fixed term, we would be required to provide notice. Our tenancy commenced in 14/06/2020 for the term of 12 months and is due to end of the 13/06/2020 as we are not renewing
Customer: replied 15 days ago.
Sorry i shal provide a screenshot of the termination clause
Customer: replied 15 days ago.
File attached (GGQQ16S)

If the termination clause is the sum total of when the tenancy becomes a periodic tenancy, then no notice is required to leave at the end of term.

It is, of course, common courtesy to let the landlord know you will be leaving so that checkouts can be completed and deposit returned in a timely fashion. If you have notified the landlord that you will be gone by 13th June, then that is sufficient. Though I have not read the full tenancy agreement (as I said, happy to do so but it will cost you for my time). Based on the screen shot of the information about the periodic element, my response above is accurate - you can leave by 13th June, so long as you do not stay even one second into 14th June, because if you do, then you will be in a periodic tenancy and will need to give a month's notice to leave.

Customer: replied 15 days ago.
Hi Lea, Thank you for your response. It does not state anywhere else in the tenancy that a notice period is required. may I ask whether this tenancy supersedes any previous fixed term agreements which have ran their course and we have renewed with this tenancy

A new tenancy agreement is encapsulated in itself, unless it refers to including terms from previous tenancies.

Customer: replied 15 days ago.
Thank you, ***** ***** that 'Special Conditions. The property is let together with the special conditions (if any) listed in the first schedule attached hereto THE FIRST SCHEDULE (N.B Clauses in this section have been individually negotiated) special conditions: (attach a separate sheet if necessary) There is not a separate sheet attached, nor does it mention anything about special conditions

If there are none attached, then there aren't any.

Customer: replied 15 days ago.
That's great thank you. I'm sorry for all the questions. how much would you charge to read the full tenancy?

How many pages is it?

Customer: replied 15 days ago.
7, but one is blank
Customer: replied 15 days ago.
sorry my mistake it is 5 pages

Price would be the same if it was 2 pages to be fair.

I don't need to read it if what you have said is accurate about its contents.

Customer: replied 15 days ago.
It only states what I sent across on the screenshot, the first fixed term we signed for 6 months back on the 14.06.19 stated a clause about giving notice at the end of the fixed term, but the tenancy I have sent across doesn’t state this. It mentions about the first schedule as I explained above, does that mean it relates back to the first tenancy we signed?

As I said above, if the current tenancy doesn't say it includes clauses from the previous tenancies, then it stands as it is.

Customer: replied 15 days ago.
ok thank you, ***** ***** to summarise, we are within our rights (as in law) to move out of the property at the end of our fixed term (13/06/21) providing we do not stay even a second into the 14/06/21 we will not be enrolled into a periodic tenancy and therefore not required to provide a notice period. (I have told my landlord we will be leaving the property at the end of the tenancy as this is is sufficient)

Yes.

Does that clarify everything?

Customer: replied 15 days ago.
Hi Lea, yes it does. Thank you ever so much for your help!

You're very welcome.

All the best!

SASH_Law and 2 other Law Specialists are ready to help you
Customer: replied 14 days ago.
Hi Lea, I just had one more question if that is ok? May you tell me what (N.B Clauses in this section have been individually negotiated) it shows THE FIRST SCHEDULE in front.

I am happy to review your tenancy agreement for a premium service offer, as per the discussion yesterday.