Legal notice period in 12 months AST?

Beate

We have an Assured Shorthold Tenancy for a rent period of 12 months, and the agreement does not mention any notice periods. Does that mean we can only move out at the end of 12 months or are there legal default notice periods in this case? We are renewing for another 12 months from June and although we want to stay on at the moment, I would not like to be bound for that long without a possibility to give notice earlier. Any suggestions on what to put in the new agreement, or can we leave it as it is?

olly300

If you have a contract for 12 months you have to stay in the property for the full time unless there is a "break clause".

If there is a break clause it will state that you can move out after a certain time i.e. 6 months, as long as you find other tenants who can pay the rent in your place.

This means you have to:
1. give your landlord written notice that you want to move out after that time period
2. then find other tenants to take your place
3. the landlord must approve the new tenants before you can move.

If you don't sign another contract you move to a periodic tenancy. This means you must give one full months notice to move out, and your landlord has to give you two months full months written notice if they want you to move out. Your notice doesn't have to be in writing but should be if you have a deposit involved.

Sisyphus

You need do nothing :your existing contract automatically becomes a Periodic tenancy at the end of the first twelve months.
i.e. landlord has to give you 2 months notice you have to give 1 month.
If you sign a new 12 month AST, you are obliged to guarantee the rent for the whole period. It is possible to build in a break clause. Personally, I'd just let the original contract expire. Don't let the landlord / agent fool you into thinking you have to leave on the last day of the contract. They have to issue an official termination notice for that .

edit: oops typed at the same time as Olly - just he was quicker.

King_Of_Fools

Unless you have a house through an agency that only uses AST not periodic. In that case, you are given the option of another 6 or 12 months or leaving!

You can break the AST at any time but you have to pay the agency re-advertising fees and are liable to pay the rent until a new tenant has moved in.

Beate

The only problem with periodic tenancy is that it does not require my deposit to be put in a Deposit Protection Scheme, and I do want my deposit protected! Looks like I have to suggest a break clause or agree some sort of other notice period with the landlord.
Thanks.