Assured Shorthold Tenancy Agreement Notice Period

lynxptc

I'm a tenant on an Assured Shorthold Tenancy does anyone know how much notice I need to give to move out?

My agreement says 2 months but I've read online that the law says I only need to give 1 month?

G_M

Are you still in your original fixed term? When did it start? How long was it?

Which country are you in?

(yes, those Qs make a difference!)

Does the 2 months in your agreement refer to a 'break clause' - please quote the clause in its entirety.

lynxptc

The original fixed period was for 1 year which has now expired. It started in 2009.

I'm in England.

The agreement says:

The tenant must provide two months written notice if they wish to terminate the tenancy.
-If in a fixed term contract this notice will not become effective until two months prior to the expiry date shown on the contract.
-If the fixed term has expired and the contract is now on a statutory periodic basis then the notice will take effect from the date it is received at the agent's office

jamie11

If you signed no further contract for a fixed term then you are now in a Statutory Periodic Tenancy. The notice periods are laid down by statute. You need to give at least 1 month notice which must end on the last day of a tenancy period. e.g. If your tenancy started on the 10th of the month and ran out on the 9th of the month a year later, then your tenancy periods will run from the 10th to the 9th every month. The landlord is bound by the same rule but must give notice of 2 tenancy periods.

G_M

You now have a (monthly) periodic tenancy (assuming you pay rent monthly).

A clause in the contract (like this) cannot over -rule landlord/tenant law.

So you are right - one month not two.

However your month's notice must align with the tenancy period. So if your original fixed term ended on, say, 2nd of month your tenancy periods are 3rd to 2nd each month, so your notice runs from 3rd to 2nd and must be received by the landlord on/before the 2nd.

If you do NOT pay rent monthly different rules apply!

jjlandlord

jamie11 wrote: »

If you signed no further contract for a fixed term then you are now in a Statutory Periodic Tenancy.

It depends on the wording of the original agreement. But from the clause quoted by OP it would seem so, indeed.

jamie11

jjlandlord wrote: »

It depends on the wording of the original agreement. But from the clause quoted by OP it would seem so, indeed.

Fank u veree mucho guvner.

jjlandlord

jamie11 wrote: »

Fank u veree mucho guvner.

I was mentioning that because in case the tenancy is a contractual periodic tenancy and the contract states that T must give 2 months notice, I am not sure whether T can simply ignore the contract...

jamie11

Yeah Ok, I'm afraid my default mindset is that virtually every agreement is an AST these days.

lynxptc

Thanks everyone for your help

tbs624

jjlandlord wrote: »

I was mentioning that because in case the tenancy is a contractual periodic tenancy and the contract states that T must give 2 months notice, I am not sure whether T can simply ignore the contract...

...however the clause quoted by the OP specifically states statutory periodic .......;)