Being a bit dim on tenancy agreement

[Jobbo]

dazwalsh said:

Ive never known of an AST with no fixed term so once AST expires your on a periodic no matter what the expired AST says, so one months notice is correct.

I think you've misread what I was saying. It always becomes periodic after the fixed term; the distinction is whether the AST says it becomes periodic after that (where it becomes a contractual periodic tenancy and the agreement continues to apply - including notice periods) or doesn't say anything, in which case a new statutory periodic tenancy impliedly arises and you'd be on statutory notice periods.

It's rather dangerous advice to tell someone to ignore the clear contract wording in their tenancy agreement. If croyde gives just one month's notice but should have given two, he's liable to pay the difference.

Edited by Jobbo on Thursday 27th April 06:06

[superlightr]

dazwalsh said:

croyde said:

Oh. The landlord's office was adamant it is 2 months as written in the agreement I quoted.

So they are wrong and I can insist on one month since it has been well over a year?

Yes your original AST expired meaning you are no longer bound by its conditions and instead automatically roll on to a periodic tenancy, where one month notice is required.

That's not correct. The original AST continues on a periodic basis. The terms and conditions are still effective save for the periodic nature of month to month which other have correctly says 2 months notice from a landlord and 1 from a tenant UNLESS the AST states otherwise ie 2 months notice from the tenant.


The AST is still valid and continues. You have contracted to 2 months notice. A tenant fee ban is likely to come in next year ish but don't be under any illusion that you will not pay - you will just in the form of a higher rent or first months rent etc but as mentioned not law yet and may not be for a few years.

Don't forget you will need a reference from your letting agency so not paying the rent and messing around tends to produce a less then positive result.

Edited by superlightr on Thursday 27th April 08:12

[croyde]

Not intending to mess my landlord about. We get on fine

Just wanted to double check where I stand. Many thanks for all the replies. Ta