Tenant' Notice of intent to quit when still inside the AST Fixed Term

#1
Hello

My tenant's AST one fixed term ends on the 22 Jan 2021 (so just under 2 calendar months to go).

If they renew at the same rent for another year, that would be fine with me.

If they decide to quit, is it one months notice or two (legally speaking).

They are paying rent on time etc, no issues.

Thank You
 

Jeffrey Shaw

Member
Staff member
#2
Really, T can just up and leave when the fixed term expires.
Unless the Letting Agreement says otherwise (and that would be quite unusual), no Notice from T is needed.
Why? Well, the statutory periodic tenancy rules apply only if the letting is an AST.
And it cannot be an AST if the property is no longer T's only/principal home- e.g. after T leaves.
 
#3
Sorry, I'm a bit confused. I would like to know now if they are leaving on 22 Jan 2021. Because if they are
I need as much time and possible to find a new tenant.

Let say they decide to stay, by when do they have to let me know.

Can I just send a letter/email and say if by the end of this week, I don't hear from you I will market the property
and find a new tenant.
 

Jeffrey Shaw

Member
Staff member
#4
Again: you can ask them as much as you want, but they (T) are free to go- irrespective- at the expiry date of the existing term or to remain.
So far, they have not served any Notice on you as L.
If they change their minds and remain, which they are fully entitled to do, marketing it now might land you with a big problem!
Suppose that they remain:
a. you'd have entered into a contract with T2;
b. T2 will sue you for breach; and
c. T1 will sue/prosecute you for harassment and unlawful eviction.

So don't rush into that.
 
#5
Thank you for your replies.

Under the rules of AST as I understand it. It's a fixed term contract which means they have to leave at the end of the AST 1 year fixed term.

Let's say I've decided regardless of whether they stay or move on, that I want to find another tenant or spend a month re-decorating.

I can serve a Section 21 Notice.

How much notice do I need to give them (does it have to be two months).

Many Thanks