In line with latest Government’s guidelines on home moving, the housing market remains open, and all our offices in England, Scotland and Wales continue to operate. Health and safety remains our main priority, and we continue to follow a number of strict measures to protect our customers and staff. More information

Tenant leaves without notice, and Landlord claim fails

Tenant leaves without notice, and Landlord claim fails

The Landlord and tenant both agreed and signed to a fixed term assured shorthold tenancy which begun from September 26th 2014, to March 25th 2015. The agreement included a clause stating that the tenant must give one month's notice before they vacate the property at the end of the fixed term. However, the tenant left the property on 25th March 2015 without giving any form of notice and therefore, the Landlord argued that due to a failure of the tenant giving a month's notice, he would claim to take a deduction from the deposit of one month's rent.

The claim made by the Landlord however, failed, and this is why:

As mentioned previously, the agreement that was signed by both parties, was a fixed term assured shorthold tenancy, which means that the tenant can give vacant possession to the Landlord at the end of the fixed term agreed, meaning no notice is actually necessary.

However, the tenants may have been liable to a claim of compensation for breach of contract. The tenants failed to give a month's notice, which was agreed between them and the Landlord when the AST had been signed. If the Landlord could prove the fact that no notice was given and that it resulted in a loss, then the Landlord could have claimed compensation, but the claim made against them was to a month's rent taken from their deposit, which failed.