AST notice period

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    AST notice period

    AST Fixed term ending end February. Agreement says T must give 2 months notice of either wanting a new fixed term or giving up tenancy and leaving. T said last week wanted to stay on but today has given 1 months notice to leave. AST does not state will roll onto periodic after fixed term. Can L hold T to 2 months notice as per AST? Ts last month would be on a SPT. L Willing to be flexible if new T found sooner but difficult as T reluctant for viewings due to Covid. Is 2 months notice enforceable, could L refer to DPS arbitration if necessary?

    #2
    If I were you, I'd let the T leave, after all if they stop paying rent and continue to live there, you will be out of pocket more than 1 months rent.

    Comment


      #3
      Such X months notice requirement for a fixed term tenancy is almost certainly unenforceable.
      I am not a lawyer, nor am I licensed to provide any regulated advice. None of my posts should be treated as legal or financial advice.

      I do not answer questions through private messages which should be posted publicly on the forum.

      Comment


        #4
        Let T go and shred the badly worded TA

        Comment


          #5
          Iirc, the terms of the AST are binding on both parties, *until the AST ends.* The day after an AST ends, it is no longer binding on either party. T can just leave on the last day, possibly without even giving notice.

          Comment


            #6
            Okay, there's two different issues here, the tenancy and the contract between the parties.

            The fixed term will end at the end of February through effluxion of time. It's a fixed term tenancy, that's the point of it. It's not possible to have a clause which prevents it from happening.

            Now, if the tenant leave by the end of the tenancy, the dwelling is no longer their only or principal home, which means the tenancy is no longer assured at the moment of time it ends. It not being assured, statutory periodic tenancy pursuant to s5 of the Housing Act 1988 doesn't arise. No more tenancy, no new rent due.

            Landlord can try to have a term on the tenancy agreement that requires the tenant to provide notice / give indication of the tenant's intention so long before the end of the tenancy. It's arguable whether such a term is fair under consumer laws, quite a few think not. In any event, even if the term is fair and enforceable, it's a breach of contract NOT related to failure to pay rent under a tenancy. That means the damaged party must minimise losses. I don't see much if any losses can be quantified and remains after mitigation for a damage claim under a breach of contract.
            I am not a lawyer, nor am I licensed to provide any regulated advice. None of my posts should be treated as legal or financial advice.

            I do not answer questions through private messages which should be posted publicly on the forum.

            Comment


              #7
              Thanks for the feedback guys. So in essence there’s no point in putting any kind of notice requirement on a fixed term AST, even though I have always been asked for, and provided, the usual 2 months notice when I have rented. Is that correct? I have rarely seen an AST that doesn’t have this clause in it.

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