Tenancy Notice period - 1 month or 2?

Midgetgem8200

We had a fixed term tenancy for 12 months which has then rolled onto a periodic tenancy which runs from month to month.

There is a break clause in our original tenancy agreement which states

Break Clause:
Should either party wish to terminate the Tenancy, it is agreed that a minimum of 2 months advance written
notice must be served on the other party and the tenancy must not expire within the first 6 months of the
Tenancy commencement date. In this Lease the earliest date either party can give notice will be the 6th of April
2021 to expire 2 months’ after service of that notice.

Does the 2 month notice period mentioned in the break clause only apply for the fixed 12 month term or does it continue afterwards?

We will be handing in notice soon and we thought it would be a 1 month notice period in line with the periodic tenancy but now aren't sure whether it will actually be 2 months notice that we need to give if th break clause does still apply.

Any help gratefully received

Mr.Generous

The legal min is 2 months from the landlord and 1 month from the tenant, unless you sign a contract that offers more that would stand.

RAS

So what does the contract say about giving notice when on a periodic tenancy?

If its silent, you have a statutory periodic tenancy, if it specifies the period of notice, it's contractual and you need to do what it says.

theartfullodger

Only applies to fixed term.

Now on usual notice process - see

https://forums.moneysavingexpert.com/discussion/comment/67759913#Comment_67759913

But you may always agree something else with landlord/tenant (eg to end tenancy at 12:45 tomorrow, no more rent to pay.)

Midgetgem8200

RAS said:

So what does the contract say about giving notice when on a periodic tenancy?

If its silent, you have a statutory periodic tenancy, if it specifies the period of notice, it's contractual and you need to do what it says.

It doesn't say anything about notice once it becomes periodic.

This part mentions the term

The Term:
The Tenancy shall be for a period of 12 Months to start on and include the 7th December 2020 and to end on and
include 6th December 2021 but subject to break clause in Special Tenancy Conditions, and thereafter from Rental
Period to Rental Period.
("the Term")

there is also this part

The Term
The length of the letting agreed in this Agreement including any extension or continuation or any statutory
periodic tenancy arising after expiry of the original Term.

so I assume we are now on a statutory periodic tenancy and therefore based on the info given above it would be 1 period's notice.

RAS

Basically, yes but please read the link that artful posted above.

Midgetgem8200

theartfullodger said:

Only applies to fixed term.

Now on usual notice process - see

https://forums.moneysavingexpert.com/discussion/comment/67759913#Comment_67759913

But you may always agree something else with landlord/tenant (eg to end tenancy at 12:45 tomorrow, no more rent to pay.)

Thanks, really helpful

canaldumidi

As above, Break Clause only applies during the fixed term.

If "It doesn't say anything about notice once it becomes periodic." then you have a SPT and notice is one full tenancy period unles you and the LL/agent agree something different.