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AST to Periodic Tenancy

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Comments

  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    It's clearly a SPT which follows the ed of the fixed term.

    Notice required is a full tenancy period - it must coincide with the end of a period, so could be anything from 1 month (assuming rent is paid monthly) to just short of 2 months.

    Statutory Periodic Tenancies were created by the Housing Act 1988 Section 5(3)(e). Section 21(1)(b) specifies 2 months notice, by the LL on the tenant. Unfortunately the Act does not specify how much notice a tenant must give a landlord. Recognising this, a Court of Appeal decision (Laine v Cadwallader), ruled that one month Notice, ending with a tenancy period, was required by a tenant (whatever the contract may say), based on common law.

    See also:


    * Ending/renewing an AST: what happens when a fixed term ends? How can a LL or tenant end a tenancy? What is a periodic tenancy?
  • j_yorks
    j_yorks Posts: 164 Forumite
    Thank you! Much appreciated.
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