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Giving notice outside fixed term contract

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Author Topic: Giving notice outside fixed term contract  (Read 73 times)
Newbie
Posts: 2

I like property

« on: August 17, 2021, 11:17:18 AM »

Iím outside of my fixed contract and landlord has not signed a renewed fix term contract despite me signing it? What is my position regarding giving notice?

Full story is that i moved into my current residence in July 2020 on a 12 month fixed contract. In January 2021 the letting agency got in touch to let me know the landlord was looking to sell the property but it shouldnít impact me as it was being sold as an investment opportunity / cash buyer only and was being advertised with a sitting tenant. By end of May the letting agency got in touch to let me know they had so far not sold the property but the landlord was offering to renew the tenancy for a further 6 months till January 2022 and then reevaluate from there.

A new 6 months tenancy from Jul 21 to Jan 22 was issued via docusign which i signed straight away. 4 weeks later i got a message saying it had been voided because the the other party hadnít signed. Contacted the agency and they reissued it, i signed, and again 4 weeks later came back voided as the landlord again hasnít signed.

To be honest Iím not overly concerned but considering iím being left in limbo Iím starting to think about looking for something else offering longer term stability. Because a tenancy renewal hasnít been signed am i able to just give a monthís notice without risking deposits etc?
Global Moderator
Hero Member
Posts: 4232

Abuse Officer

« Reply #1 on: August 17, 2021, 11:22:23 AM »

I think you could at least try it... couldn't you? The worst that could happen here is that people assert you're in a fixed term... and you either fight that with logic and persuasion or you meekly accept it and stay until January. I think it's clear - you're in a Statutory Periodic Tenancy, despite twice signing a renewal (it's not your fault the other party couldn't get their act together) - so you could start looking and if you find something take a run at it - that doesn't mean, though, that you'll either be successful in finding something you like, or being accepted for it... it's August now... January is actually just around the corner.

Your Deposit wouldn't be at risk if you served notice anyway... they're separate things... if that's your biggest concern then you can rest easy. The only circumstance where I can envisage the Deposit coming into play was if you left without agreement (the difference of opinion I refer to) and they tried to claim from the Deposit for unpaid rent... but I think you're a long, long way from that becoming any kind of reality.
Newbie
Posts: 2

I like property

« Reply #2 on: August 17, 2021, 11:50:38 AM »

Iím definitely overthinking it TBH. I suppose i just want to get a better idea of my position should i start looking to move early. Frankly I donít fancy having to start looking for somewhere new around december time so thinking it may be worth jumping ship now if i can
Global Moderator
Hero Member
Posts: 4232

Abuse Officer

« Reply #3 on: August 17, 2021, 11:56:43 AM »

There is not much risk in confirming your understanding with the Letting Agency. The answer (although possibly one you may not agree with or want) will enlighten you and help you to navigate. It might be the answer you think and want... because, well, it probably should be.
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