Notice Required When AST Expires

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    Notice Required When AST Expires

    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.

    #2
    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).
    'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

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      #3
      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.

      Comment


        #4
        Originally posted by spiritkary View Post
        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)

        Comment


          #5
          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.
          JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
          1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
          2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
          3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
          4. *- Contact info: click on my name (blue-highlight link).

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