Assured Shorthold Tenancy - Expiry

Keanu

Hi, lookin for some advice?

I am 15 months into renting a place and in the first instance received an Assured Shorthold Tenancy (AST) for 12 months. This expired in April and I have never received a renewal - to be fair to the landlord as much on the basis I kind of know him so things were sort of on an informal basis.

My question is, I am now looking to move on - do I need to give the two months notice that the AST quotes, or can I get away with one month?

Where do I stand legally?

Thanks in advance

silvercar

legally you are now on a periodic tenancy.

AFAIK you are required to give one months notice to expire on a rent day and the landlord two months.

franklee

On a periodic tenancy you normally have to give one months notice and that notice should end at the end of a period BUT there is an important exception!

The exception is if the landlord/agent has already issued notice. Many landlords/agents routinely issue a S21 notice requiring possession at the start of the tenancy to all tenants even if they don't currently want the tenant to leave. This notice is valid indefinitely. The landlord/agent serves it so that they can ask the tenant to leave later on without having to give any more notice. But it also means that the tenant can leave without notice too.

So check all your paperwork to see if you were served an S21, if so you can leave anytime and only have to pay rent for the days you were in occupation.

PS The precautionary serving of the S21, the so called Sword of Damocles, has been discussed many times and yet the simple advice to check for an already served S21 is rarely given out. I wonder why Could it be that landlords don't like to admit the tenant can just leave without notice if there is a S21 in place?