Notice Required When AST Expires

[spiritkary]

How much notice has to be given under the following circumstances?

When a six month AST has a clause in it that both L & T have to give the other two month's notice at the end of the tenancy, does this mean that when the T stays on after the AST expires, the tenancy reverts to a periodic tenancy and the two month notice requirement still stands, or does the T then only have to give one month's notice despite what was agreed in the AST?

Thanks for any replies.

[mind the gap]

T is not obliged to give any notice at all at the end of the fixed term; once a tenancy becomes periodic, one month's notice is statutory. LL on the other hand must give two in either case.

The only exception is if there is a break clause operable before the end of the fixed term which specifies a certain length of notice for T and L.

Any clause in the TA which tries to increase T's obligation at end of fixed term/in periodic tenancy is unenforceable, as he/she has statutory rights which supersede anything which is less favourable (to T).

[spiritkary]

Thanks for replying. With regards to your last paragraph, it is my understanding that the one month's notice required from a T is the minimum statutory notice period, not the maximum. I'll obviously have to get legal advice about this but thanks for your input anyway. I appreciate it.

[Snorkerz]

Thanks for replying. With regards to your last paragraph, it is my understanding that the one month's notice required from a T is the minimum statutory notice period, not the maximum. I'll obviously have to get legal advice about this but thanks for your input anyway. I appreciate it.

Not a minimum or a maximum - that is the due notice in law.

T must give one months notice, to end on the last day of a tenancy period. That day is the same day of the month as the original tenancy expired.

So, original tenancy expired 28/12/09.

Give notice 27/1/10 to leave on 28/2/10
Give notice 29/1/10 to leave on 28/3/10 (can not go 28/2 as that is less than 1 month)

[jeffrey]

Yes, but the Notice period from T on an SPT equals the rent frequency; so that reply is true only if rent was due monthly during the fixed-term AST.