AST Fixed Term Renewal Notice

[JamesMellows]

Hi,

I started a 12-month fixed term contract (paying rent monthly, in England) in December 2017 which was renewed for a year. The contract and renewal agreement document both stipulate:

"In the event either the Landlord or Tenant does not wish to extend or renew the Tenancy at the expiry date of the Term stated in this Agreement, such party will submit in writing at least 2 month's notice thereof prior to the original end date."

We recently received the renewal notice from the LA but it's at least 2 weeks outside of the required notice period. Ideally, I want to just let this fixed term finish and roll into a SPT but I'm unsure whether I should tell the LA this...

Am I required to now give notice to the LA? should I tell them I want an SPT? they're a legit LA but we've had issues with them and I don't want them to use anything against me.

Also, if it does turn into an SPT - how soon can I then give NTQ... can it be in the first month of the SPT?

Thanks!

[KTC]

An SPT will arise by automatic operation of law if you continue to occupy the property as your only or principal home when the fixed term ends. There's nothing your landlord/LA can do to stop that from happening, that useless clause you quoted and their notice thereof included.

You can just leave by the end of the fixed term without notice if you're happy to move in the middle of December. You can give a NTQ to quit anytime after the 1st day of the SPT, which mean the earliest you can end the SPT unilaterally via a NTQ would be February.

[mariner]

T SPT NTQ must expire min 1 month after start of SPT at end of a full Rental Period, so initially min 2 months, in effect.

[MdeB]

T SPT NTQ must expire min 1 month after start of SPT at end of a full Rental Period, so initially min 2 months, in effect.

To clarify, for OP:

You cannot give notice before the SPT starts and you cannot give notice on the first day of the SPT (Housing Act 1988).
You must give at least one month's notice ending on the last day of a period of the tenancy.

That means that the earliest date for which you can give notice is the last day of the second month of the tenancy.
Notice for that date can be given on any day of the first month of the SPT except the first day.