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Renewing tenancy

Hi, A bit of advice please.
I am currently renting my house on a 12 month assured shorthold tenancy which end in January. The tenant has said he intends to leave but in an ideal world it would be later than January.
Can I agree another 6 month assured shorthold tenancy at the end of the 12 months with a break clause after 3 months or does a 6 month tenancy mean that is the minimum he will have to stay.
What do you think is the best way to extend this tenancy. I am happpy for him to go but would like him to give me 2 month's notice and I think if Ijust let him stay and do not get a new tenancy agreement signed he can just leave on 1 month's notice or even less.
Thanks in advance for your advice.

Comments

  • Alex_LS
    Alex_LS Posts: 197 Forumite
    edited 2 December 2009 at 2:46PM
    You can mutually agree to end the tenancy at any time, even if it's within the fixed period. However, if you haven't already served him the statutory 2 months' notice then he will automatically roll onto a Statutory Periodic Tenancy anyway. You can ask him to agree to give 2 months' notice if possible, but he is only legally obliged to give a month (but not less).

    BTW - he is also entitled to end the tenancy on the last day of the fixed period with no notice whatsoever.

    Out of interest what is the thinking behind wanting 2 months' notice? The LL can't actually do much with the extra month, other than have it advertised for longer.
  • Fire_Fox
    Fire_Fox Posts: 26,026 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    An AST automatically rolls over onto a periodic (month by month) tenancy at the end of the fixed term, so just leave things as they are. You cannot insist on two months notice, the law is one month starting on a rent day.
    Declutterbug-in-progress.⭐️⭐️⭐️ ⭐️⭐️
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