If I sign a 12 months tenancy can the landlord only give the 2 months notice at month 10 if they want to terminate or will it be month 4?.
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the landlord can give you notice at any time duriing the term but the notice can only expire at the end of the fixed term. So if you moved in then on month 2 they could issue the S21 notice but this could not expire before the end of term. -
The following advice from Shelter applies to England and is written for the tenants benefit. Nonetheless, it does indicate the need for the tenants and landlord to communicate about whether they wish to extend their stay in the property or quit when it is due to expire, plus consider whether it will contain a break-clause and any notices relating to the break-clause.
What happens when my agreement runs out?
If your agreement is for a fixed term (eg. six months), you can leave on the last day of the fixed term without giving notice. But you must ensure that you do not stay even one day over, or you will automatically become a periodic tenant and will have to give proper notice or come to an agreement with your landlord.
If you intend to leave on the last day you are not legally required to give the landlord any notice, but it's usually a good idea to do so, to avoid any dispute about when you actually left. Good communication helps things to go smoothly.
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Fixed term tenancies
Many fixed term agreements (including some assured shorthold tenancies with private landlords) contain a 'break clause', which allows you to end the agreement before the fixed term runs out.
Check your agreement to see if it includes a clause like this. If it doesn't then you cannot end the tenancy early without the landlord's agreement. If you leave anyway you can still be liable for the rent to the end of the period. If it does include a break clause, it should also say how much notice you have to give and whether there are any special procedures you have to follow.
http://england.shelter.org.uk/advice/advice-3145.cfmComment
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