AST - 2 months notice?

ninetyseven

I'm currently renting a flat and have an assured short hold tenancy agreement. I'm about to give notice and have been looking over the contract which states I need to give two months notice - can they legally hold me to this? I thought these kind of agreements only required one months notice. I'm in the roll on period following the initial 6 month contract. Any help would be much appreciated

G_M

If you have a Statutory Periodic Tenancy, it is 1 full tenancy period's notice (see link below).

If you have a Contractual Periodic Tenancy, it is whatever was agreed in the contract.

Ending/Renewing an AST (what happens when the Fixed Term ends?)(What is a Periodic Tenancy?)(How can a LL remove a tenant?)(How can a tenant end a tenancy?)

dimbo61

By Law once on a rolling periodic tenancy you as the tenant only need to give one calander months notice.
The Landlord must serve an S21 on you giving you two months notice that he/she wants the property back.
Now that is the law BUT many Letting Agents and Landlords ignore the LAW and you may have problems getting your deposit back ( again you might not !)
Make sure you give notice in the right way and maybe a few days early so the LA/LL cannot try and charge you for an extra months rent because they have your deposit.
Make sure you also cancel the direct debit or standing order.
Please get the dates right and post 2 letters from different post offices with proof of posting.

ninetyseven

Thanks for the info, that's what I thought, however the contract does state that I need to give two months notice. Does this mean the notice request in the contract is invalid?

G_M

dimbo61 wrote: »

By Law once on a rolling periodic tenancy you as the tenant only need to give one calander months notice.
.

Dimbo - If SPT, it is not a calender month. It is a tenancy period.

If it is a CTP, then it's what's in the contract.

ninetyseven

How do I know if it's an SPT or a CPT?

pmlindyloo

Just been reading about the difference between a contractual periodic tenancy and a statutory periodic tenancy.

My understanding is that if your fixed term ends and no new contract is signed and no mention of this in contract then you go onto a statutory periodic tenancy and the tenant needs to give one months notice. (with right dates)

if your original contract says something like 'at the end of the fixed term you will go onto a periodic tenancy and the tenant needs to give 2 months' notice' then that is a contractual periodic tenancy.

Apparently courts have found that the tenant signed the contract knowing this and therefore this is not an unfair clause in that it gives both tenant and landlord the same time frames.

In the OP's case they should give the 2 months' notice unless the landlord agrees to something different.