Does a landlord always have to give 2 months notice AST

shardi2209

Hi,

I am just coming to the end of a 6 month AST (I've lived here 3 years but signed a new contract at the end of each 6 months). I want to go periodic as I'm waiting to exchange (aiming to complete on 31st May but won't give notice til I have exchanged). Landlord doesn't want to let me go rolling so I'm pretty sure he's going to give me a s21 as he has threatened this before.
My tenancy agreement says that to give notice it has to be by the first of the month and that once it's out of the fixed term both parties can end the tenancy by giving one month's notice. I just wanted to check if this is legal or does a landlord always have to give 2 months even if it's 1 month's notice in the signed agreement. My notice is linked to tenancy periods while his is calendar months.
Thank you,
S.

HappyMJ

shardi2209 wrote: »

Hi,

I am just coming to the end of a 6 month AST (I've lived here 3 years but signed a new contract at the end of each 6 months). I want to go periodic as I'm waiting to exchange (aiming to complete on 31st May but won't give notice til I have exchanged). Landlord doesn't want to let me go rolling so I'm pretty sure he's going to give me a s21 as he has threatened this before.
My tenancy agreement says that to give notice it has to be by the first of the month and that once it's out of the fixed term both parties can end the tenancy by giving one month's notice. I just wanted to check if this is legal or does a landlord always have to give 2 months even if it's 1 month's notice in the signed agreement. My notice is linked to tenancy periods while his is calendar months.
Thank you,
S.

Minimum 2 months by landlord. If you don't want to go just yet don't mention it. The LL will have to go to court to regain possession and if the notice is invalid the LL will have to issue a new Section 21 notice and the 2 months starts again.

theartfullodger

shardi2209 wrote: »

..... I just wanted to check if this is legal or does a landlord always have to give 2 months even if it's 1 month's notice in the signed agreement. .....

No:

Minimum 2 months notice if using s21. s21 requires no reason at all: A landlord can evict "perfect" tenant that way.

If using s8 (usually breach of tenancy - eg paying rent 1p short for 1 day..) then Grounds 3, 4, 8, 10, 11, 12, 13, 15 or 17 – at least 2 weeks, Grounds 1, 2, 5, 6, 7, 9 and 16 – at least 2 months, for ground 14 – landlord can start proceedings as soon as notice served.

Neither s8 nor s21 notices end tenancies nor require tenant to leave: They simply permit landlord to start court action when they expire. Many s21 notices are invalid.

There is also of course nothing to stop both landlord & tenant agreeing to end the tenancy in any time-scale they both agree to (eg this afternoon at 17:37).


Cheers!

shardi2209

Thank you. That's put my mind at rest as it wouldn't be for any of the 2 week reasons as I've never broken my tenancy agreement and have never been late with my rent.
I think he's mentioned ground 1 in the past so he may use that although I don't think he actually wants to move in.
In an ideal world I'd like to move out a week into June so I don't have to complete and move/clean all in one day but knowing my landlord he'd make me pay for a whole month rather than just letting me pay an extra week. Obviously this is his right so I can't complain. It's just easier to do a deep clean once all my stuff is out of the house. House is generally clean so I'd only have to do a once over in the bathroom, kitchen and then a bit of hoovering etc once everything is out so hopefully completion happens early in the day!