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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Property Law
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Experience:  English solicitor with over 12 years experience
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I currently have a tenancy on a property that is due to expire

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I currently have a tenancy on a property that is due to expire at the end of it's 6 month initial period. I have advised the letting agent that manages the property on behalf of a private landlord that I intend to vacate the property on the end date of the tenancy agreement.
The letting agency that I originally let the property from now cease to exist, their properties were taken over by a different agency early in my term. The tenancy agreement itself makes no mention of what happens at the end of the tenancy period of 6 months.
There is a separate terms & conditions sheet that I signed with the original letting agency (to be clear, separate document with separate signature) that states to rent a property through them I agree to give two months notice to vacate the property. Which I have not given to the new agent. This agreement is with the letting agency not the landlord. The tenancy agreement itself is with the landlord.
My initial question is as the agency i signed the agreement in relation to the notice period with no longer exists am I bound legally by it with the new agency who are attempting to enforce this condition?
If the answer is no please explain why not. If the answer is yes please explain the potential legal consequences for not adhering to this and informing the new agency that I will not be giving them the full 2 months notice but will advise them clearly that I am going to vacate the property on the end date of the tenancy agreement.
Aston Lawyer
Hello and thanks for using Just Answer.
I am Al and am happy to assist you with your enquiry.
Under law, a Tenant is not under a duty to give ANY Notice to the Landlord or Agent if they are vacating the property at the end of a fixed term Tenancy. This is so, even if you had agreed to give 2 months Notice to any Agent of the landlord.
Provided you have emptied the property and handed in the keys on the last day of your Tenancy, that is all you are legally obliged to do-if the current Agents try and tell you otherwise, they are talking rubbish!
I hope this assists and sets out the legal position to you.
If so, I would be grateful if you could rate my answer.
Kind Regards
Al
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Customer: replied 2 years ago.
The letting agency say "Although the contract you have was originally with riverside (original agency) you are still legally bound by the terms within that contract as after the initial 6 month period the contract becomes statutory periodic which renews on the original move in date each month.Can you explain what statutory periodic means & why you believe this is not legally binding on me?
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It seems the professional has left this conversation. This happens occasionally, and it's usually because the professional thinks that someone else might be a better match for your question. I've been working hard to find a new professional to assist you with your question, but sometimes finding the right professional can take a little longer than expected.
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Thank you!
Nicola
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Customer: replied 2 years ago.
I'm okay to wait a while longer, but would like an answer by the end of Monday if possible.
Hello,
We will continue to look for a Professional to assist you.
Thank you for your patience,
Nicola
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Hello,
As far as the law is concerned, you do not need to give any notice to the landlord or the agent to vacate the property provided you vacate at the end of the fixed term.
If you stay on in the property, it becomes a statutory periodic tenancy but if you do not stay on, it does not become a statutory periodic tenancy, so the agency is wrong to enforce the 2 months notice requirement on you as the provision is not enforceable in law. It is an unfair provision.
See paragraph 3.78 on page 31 of the government guidance on unfair terms in tenancy agreements which appear here
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/284440/oft356.pdf
Hope this answers your query
UKSolicitorJA, Solicitor
Category: Property Law
Satisfied Customers: 4312
Experience: English solicitor with over 12 years experience
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