I entered a joint contract with a friend back in July. To put a long story short, things didn’t work out, so after 3 months or so I ended up moving out. I agreed to pay my half of the bills until the end of the fixed term (or until a new housemate was found) since there was no way they’d be able to keep up with the rent on their own. We’re now 40 days from the end of the fixed term and no new housemate in sight, so my former housemate is looking to move out and I’m trying to figure out how best to end the tenancy.
The end of the fixed term is 30 November. Reading the contract, I’m a bit confused as how we properly end the tenancy at the end of the six month fixed term. The contract doesn’t mention how to end the tenancy at the end of the fixed term – it only refers to serving a notice during the ensuing periodic tenancy (see clause 10.9.4 right at bottom of the post).
From reading the information on Shelter on how to end the contract, it sounds like our contract is of a “Contractual periodic tenancy arising at the end of fixed term” type since it explicly mentions the periodic tenancy (see clause 2 from ‘IT IS AGREED AS FOLLOWS’ section further down the post)
Contractual periodic tenancy arising at the end of fixed term
Where the tenancy agreement contains a clause providing that a periodic tenancy will arise immediately on expiry of the fixed term, a contractual periodic tenancy that arises will be a continuation of the original tenancy. In this circumstance, the tenant cannot end the tenancy by leaving on the last day of the fixed-term agreement. To end the tenancy, the tenant must serve a valid notice to quit after the date on which the fixed term ends.
From this it sounds like we still need to serve a notice to quit. I can’t tell if the Shelter advice is referring to serving the “notice to quit” after the date on which the fixed term ends, or whether it refers to serving a “notice to quit after the date on which the fixed term ends”.
So right now I’m thoroughly confused as to how best to proceed with this. The contract doesn’t refer to serving a notice to quit until we get into the periodic tenancy, but Shelter states we can’t just leave on the last day of the fixed term without serving a notice to quit.
Also just noticed the auto-mod advice – we’re in England if that is of any help.
See below for the sections of the contract that appear to be relevant:
From the ‘IT IS AGREED AS FOLLOWS’ section at the start:
1 The Landlord lets to the Tenant the residential Premises known as: <property address> (‘the Premises’)
2 The Tenancy shall be from and including the 1st day of June 2021 (‘the Commencement Date’) to and including the 30th day of November 2021 and thereafter from month-to-month and until terminated by either party serving a notice on the other in accordance with this Agreement (‘the Expiration Date’), ‘the Term’.
3 The Tenant shall pay to the Landlord… <snip>
4 This Agreement is intended to create an Assured Shorthold Tenancy as defined by Section 19A of the Housing Act 1988 as amended and shall take effect subject to the provisions for recovery of possession provided for by virtue of Section 21 of that Act.
And from the ‘Notices’ section:
10.9.4 At the end of the initial fixed term as specified in clause 2 hereof, the Term shall continue on a month-by-month basis until either party shall serve on the other a written notice to bring the same to an end. Such notice, when served by the Landlord, should expire not less than two months after the same shall have been served on the Tenant. In the case of a notice served by the Tenant, such notice should expire no less than one month after service of the same on the Landlord.
