What is a Fixed Term Tenancy?
A fixed term tenancy is one where the parties have agreed will last for a specified length of time e.g. 1 year. Usually when agreeing to a fixed term tenancy, the parties sign a lease agreement.
A ‘Part 4’ tenancy runs alongside a fixed term tenancy, which means that the tenant shall, after a period of six months living in the tenancy, become entitled to the provision of a ‘Part 4’ tenancy.
This means that irrespective of the length of a fixed term lease, a tenant has an entitlement to remain in the dwelling for the remainder of the ‘Part 4’ period and the landlord can only end the tenancy on limited grounds.
The length of a ‘Part 4’ tenancy period depends on when your tenancy began. Please click here for further details on ‘Part 4’ tenancies.
Ending a Fixed Term Tenancy
Fixed term tenancies may be ended by the landlord before the end of the fixed term if any of the following applies;
If the tenant has breached any of the terms of the fixed term tenancy
Rent arrears i.e. the tenant has not paid their rent in full and on time
Fixed term tenancies may be ended by the tenant before the end of the fixed term if any of the following applies
the landlord has breached their obligations. A tenant must write to the landlord informing them they have breached their obligations. and give reasonable time for them to resolve the problem. If they do not do this, 28-days notice to leave may be given regardless of how long a tenant has lived in the property.
the landlord has refused to allow a tenant to sublet the tenancy. In this case, A tenant must give notice depending on how long a tenant has lived in the property.
if the landlord has refused a request by a tenant for assignment of the lease.