Fixed Term

When a tenant grants a tenancy to a tenant, this will normally be for a fixed term – a fixed period of time such as 6 months or 12 months. The fixed-term is normally set out in the tenancy agreement. At the end of the fixed term the tenancy will end.

  • If the tenants have moved out, then they will have no further obligation under the tenancy (save for things which has already fallen due such as unpaid rent or damage done to the property).
  • If the tenants remain in the property, then (assuming the tenancy is an assured shorthold tenancy) a new periodic tenancy will be created automatically.

Misconceptions

The landlord cannot force a tenant to give notice if they want to leave at the end of the fixed term (and require them to pay rent in lieu of notice).  Because the tenancy will end anyway – it is time-limited.  So any clause in the tenancy agreement requiring tenants to give notice if they want to leave at the end of the fixed term will be void and of no effect. It is only if the tenants remain in the property after the fixed term has ended that a periodic tenancy will be created.