Periodic tenancy?

tenant112358

Hi all,

I was wondering if anyone knows whether entering an initial 6 months shorthold tenancy which then automatically becomes a periodic tenancy requiring 2 months notice by either party means the minimum amount of time I would have the property for is 6 months (they give notice after 4 months) or 8 months (they give notice after 6 months)?
Ideally we are wanting to stay in a place for 12 months.

Thanks in advance!

propertyrental

If you have a 6 month fixed term you can leave, without notice, at the end of the fixed term.

That's what 'fixed term' means

Only if you stay will it become periodic.

(assuming England).

See

Post 4: 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?

theartfullodger

Nope, landlord's notice at least 2 months, tenant's notice at least 1 month expiring on last or first day of period.

propertyrental

theartfullodger said:

Nope, landlord's notice at least 2 months, tenant's notice at least 1 month expiring on last or first day of period.

To be clear, that's once the tenancy has become periodic, and also depends whether it becomes a Contractual, or Statutory, periodic tenancy (see my link above).

But as OP asked if " the minimum amount of time I would have the property for is 6 months" the answer is yes, since he apparently signed a 6 month fixed term.

OP also asked about notice periods and as explained, if the tenant leaves at the end of the fixed term, no notice is required to end the tenancy (though some contractual obligations may exist though these are all but impossible to enforce).

tenant112358

propertyrental said:

theartfullodger said:

Nope, landlord's notice at least 2 months, tenant's notice at least 1 month expiring on last or first day of period.

To be clear, that's once the tenancy has become periodic, and also depends whether it becomes a Contractual, or Statutory, periodic tenancy (see my link above).

But as OP asked if " the minimum amount of time I would have the property for is 6 months" the answer is yes, since he apparently signed a 6 month fixed term.

OP also asked about notice periods and as explained, if the tenant leaves at the end of the fixed term, no notice is required to end the tenancy (though some contractual obligations may exist though these are all but impossible to enforce).

I’m a woman. I also have not signed the tenancy yet, I am enquiring before I sign one is all.

Robbo66

theartfullodger said:

Nope, landlord's notice at least 2 months, tenant's notice at least 1 month expiring on last or first day of period.

Only if the tenancy goes Statutory Periodic, the OPs could be Contractual Periodic in which case its what ever the agreement says is the notice period.

saajan_12

tenant112358 said:

Hi all,

I was wondering if anyone knows whether entering an initial 6 months shorthold tenancy which then automatically becomes a periodic tenancy requiring 2 months notice by either party means the minimum amount of time I would have the property for is 6 months (they give notice after 4 months) or 8 months (they give notice after 6 months)?
Ideally we are wanting to stay in a place for 12 months.

Thanks in advance!

Upto the end of the fixed term: you can leave at the end. The LL can give you S21 notice from month 4 to expire month 6. However if you stay then the LL would have to go to court to evict, which will take further time, you're not thrown out immediatelly.

After the fixed term, it depends on what your contract says exactly about notice - please quote. If nothing, then its a SPT along the lines that artful mentions, but that's not always the case (ie when you have a CPT). 

Also do you have any reason to think the LL wants a short term tenant only? Changeovers cost LLs money, so if you're a good tenant and the LL's plans don't change, they would keep you and not move to serve notice.