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  • greatcrested
    greatcrested Posts: 5,925 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    KathysBoy said:
    The letting agents have said the owner is insisting on a contract. They said, if it rolls over, that the landlord isn't happy with us being able to only give a month's notice, as opposed to the 2 months under the terms of the contract. 
    I’m not sure that 2 months notice under a fixed term contract is valid. Unless it’s a break clause, then it would only apply under a periodic contract, in which case it would be in breach of your statutory rights, UNLESS your rental period is every 2 months. Having said that the clause often says that it must end on the day before the rent day, so it can be more than 1 month practically, but as long as your timing is right, then it’s the rental period.

    Can you post the clause 
    If the contract 'rolls over' to a Contractual Periodic Tenancy, then the notice required is whatever the contract specifies.
    'Statutory rights' only become relevant if the contract does not specify a notice period and the tenancy rolls over into a Statutory Periodic Tenancy.


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