Can Landlords request a 2 month notice period from Tenant in an AST?

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    Can Landlords request a 2 month notice period from Tenant in an AST?

    Hi - is it legal for a Landlord to request a two month notice period and include it in a AST contract?
    My girlfriend (tenant) has given her notice to end her AST to move to another area but will have to pay for 2 properties at the same time if she can’t get out of her AST after one month.
    Is a obligatory 2 month notice legal?

    #2
    Is the tenancy in it's fixed term, a contractual periodic tenancy (one where the contract says it continues until it is ended) or a statutory periodic tenancy (there was a fixed term but it ended and no other formal agreement exists)?
    When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
    Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

    Comment


      #3
      Thank you

      It seems unclear to me.

      Her Tenancy began in April 2017 with a fixed term of 1 year. She then took what looks to be a second fixed period tenancy contract for another year.
      Then she took the current AST which states...

      ”THE TERM; For the 12 months from 1st May 2019 to 30th April 2020 during which time either party can give the other 2 months notice to quit, providing this is on the 28th day of the month and not on the 28th September, October, November or December”

      She believes she is in the statutory periodic period but it seems unclear to me.

      Comment


        #4
        If that clause comes from something that is a tenancy agreement or a renewal of a tenancy agreement there's a new fixed term with two month's notice.

        So the notice isn't controlled by legislation (which a statutory periodic tenancy would be), it's simply controlled by what's in the contract.
        Two month's notice isn't unfair or unreasonable, because normally the tenant couldn't give notice in a fixed term at all, so it's quite reasonable.

        The notice in a statutory periodic tenancy is a minimum of a month ending at the end of a rental period so the average is probably more than a month.

        I'm not at all clear what is meant to happen with the (presumably) mismatched rental payment and termination dates, but it's only a couple of days either way.
        When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
        Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

        Comment

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