Giving notice at the end of a fixed lease

abrr1000

Hi all - need some advice and would like to know if anyone's had this similar scenario.
Basically have a one year lease and it is coming to an end at the end of September. The letting agent informed me that I have not given 30 days notice and therefore as there is 10 days left until the end of the lease they will dock 20 days from the deposit (and I imagine I can stay in the property for those 20 days) which is not what I want to do.
So I wrote to them that firstly, my lease comes to an end in 10 days and I agreed a inspection date with one of their agents a week ago over the phone (my mistake it is not in writing but I didnt think it had to be).
Secondly, nothing in lease states a requirement of notice.
I checked citizeninformation site and the tenant will only lose deposit if they are leaving before lease is up even if they give notice. I am not leaving before my lease is up. also it says if you are on a 1 year contract and you intend to stay then you must give 1 month notice. I dont intend to stay.
So I think that I am right and that legally they can't take anything from my deposit or force me to live there for another 20 days - and I intend on opening a dispute on PRTB.
She says after 6 months I am now in part 4 tenancy and need to give notice to leave. I don't want to claim part 4 tenancy i'm quite happy to leave at the end of my lease.
Do you think I have a case here?
Thanks for reading!

Bebo stunnah

Pretty sure you gave them 1 years notice when you signed your "1 year lease". You have to renew your tenancy for you to still be a tenant.

Some letting agents must have been in the remedial class the whole way through school....

abrr1000

This is the reply I got from them which I think is ridiculous - my lease is ending and I'm not renewing I'm not terminating early:

Hi,

If you contact the PRTB they will clarify that they rule the following:
6 months or less - 28 days notice must be given in writing
6 months - 1 year - 30 days notice must be given in writing
Year 2 - 42 days notice must be given in writing
Year 3 - 56 days notice must be given in writing
Year 4 - 65 days notice must be given in writing
After 6 months all lease agreements convert to a part 4 tenancy under the property legislation. Unfortunately I don't make up these laws.
The reason we insist on the one months notice is so that we can readvertise the property and get the property relet so there is minimal loss of earnings and a smooth changeover of tenancy. Also due to the amount of properties turning over we need to organise our inspectors hectic schedules.

Kind Regards,

I'm going to contact Threshhold tomorrow for advice. So annoyed they wont budge on this. It isnt written anywhere - how am I supposed to know about it. Even this law is iffy.

odds_on

abrr1000 wrote: »

This is the reply I got from them which I think is ridiculous - my lease is ending and I'm not renewing I'm not terminating early:

Hi,

If you contact the PRTB they will clarify that they rule the following:
6 months or less - 28 days notice must be given in writing
6 months - 1 year - 30 days notice must be given in writing
Year 2 - 42 days notice must be given in writing
Year 3 - 56 days notice must be given in writing
Year 4 - 65 days notice must be given in writing
After 6 months all lease agreements convert to a part 4 tenancy under the property legislation. Unfortunately I don't make up these laws.
The reason we insist on the one months notice is so that we can readvertise the property and get the property relet so there is minimal loss of earnings and a smooth changeover of tenancy. Also due to the amount of properties turning over we need to organise our inspectors hectic schedules.

Kind Regards,

I'm going to contact Threshhold tomorrow for advice. So annoyed they wont budge on this. It isnt written anywhere - how am I supposed to know about it. Even this law is iffy.

A fixed term lease of any length of period, ends on the expiry date, not before and not after that date.
You do not have to advise the landlord that you are leaving though it is polite to do so.

After 6 months in a tenancy, the tenant acquires Part 4 rights which run concurrently with the fixed term, the fixed term lease DOES NOT convert to a Part 4 lease. Under the rights of a Part 4 that a tenant acquires, at the end of a fixed term, the tenant has the right to remain in the property for a total of 4 years without signing a new lease; the landlord cannot evict or force the tenant to leave. The tenant may sign a new fixed term if that best suits his needs or he may opt for a less secure, but easier to get out of, Part 4 lease which he automatically has if he does not sign a new fixed term lease.

From a PRTB Publication: Termination of tenancies.doc:

The notice requirements required to validly terminate a tenancy that are laid down in Part 5 of the Residential Tenancies Act 2004 apply equally to landlords and tenants. In order to validly terminate a tenancy, the tenant must serve a Notice of Termination on the landlord that complies with section 62 of the Act and contains the appropriate amount of notice as specified in section 66. A template for drawing up a Notice of Termination is on this website and so also is a leaflet outlining the requirements in relation to the contents of the notice, prior warning where termination is for breach of landlord obligations, notice periods, etc. In the case of tenants, the only exception to these requirements is where a tenant of a fixed term tenancy (e.g. has signed a lease for 1 year) is ending the tenancy on expiry of the fixed term when no formal notice is required. Conversely, where the tenancy will have lasted more than 6 months when the fixed term expires so that the tenant will have acquired a Part 4 tenancy, the tenant, if intending to continue on the tenancy, is required under section 195 to so notify the landlord between one and three months before the expiry of the fixed term.

It is up to a landlord/agent to enquire of a tenant if he intends/wishes to remain in occupation at the end of a fixed term lease. After all, a landlord is in business and what good businessman doesn't enquire as to what his customer wants!

djimi

The letting agent hasnt got a breeze what they are on about. Seek advise from Threshold or from someone who actually knows tenancy law.

abrr1000

Well Threshold confirmed that we are correct and thanks alot for that quotation from PRTB site - it is perfect.
So I have sent on all that info to the letting agent in an email and she is gone extremely quiet
So I'd say she's planning any other ways to "strike back" after that.
I'd say they will be very picky at the final inspection.

djimi

It never ceases to amaze me how many letting agents dont actually know the tenancy laws in this country. That kind of stuff is basic and central to their job...

Zamboni

djimi wrote: »

It never ceases to amaze me how many letting agents dont actually know the tenancy laws in this country. That kind of stuff is basic and central to their job...

They probably do know and just chance their arm hoping the tenant is not aware.

abrr1000

Well at least she will learn after all this
Yeah definitely looking for any excuse to retain the deposit.

odds_on

abrr1000 wrote: »

Well at least she will learn after all this
Yeah definitely looking for any excuse to retain the deposit.

It is really very stupid to try to retain the deposit when it is unjustified and not provable with good evidence. There are so many claims with the PRTB where the tenant is awarded the return of either the full or part of the deposit but the landlord also has to pay damages to the tenant for "unjustifiably retained" portion of the deposit. Some people never learn.