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6-month AST - notice period questions

1 reply

tedglenn · 17/08/2012 15:46

I'd be very grateful if any property people could advise on this.

I'm about to sign a 6-month AST for a rental property. There is a clause regarding giving notice "Two months notice may be given by either party to terminate this agreement. The notice for the tenant and the landlord must expire on the last day of the rental period".

There is no mention of what happens at the end of the tenancy regarding extending the tenancy.

Three questions:

  1. Can I actually just up sticks leave at the end of 6 months, without giving any notice, since the AST terminates at 6 months (I think i read about this 'loophole' on this forum before)? (I wouldn't do this by the way - I'd always give as much notice as possible!)

  2. What happens at the end of the tenancy if we don't sign anything else and go on to a rolling month-to-month basis? Would I have to give 2 months' notice, because of the clause in the original tenancy, or would I just have to give 1 month's notice (as per statutory periodic tenancy rules).

  3. If we do go on to a periodic, would the (be it one or two) months notice be tied in to the rental period, or could it we move out a month from whatever date we chose to give notice, as long as the rent was paid up, pro rata?

The landlord originally wanted a 12 month tenancy but reluctantly agreed to a 6 month tenancy (and hopes we will stay longer - we probably will) but insists on a 2 month notice period. But I'm not convinced that this AST reflects that?

Could anyone advise? Many thanks in advance!

OP posts:
oreocrumbs · 17/08/2012 22:12

I'm not certain about question 1, my understanding is as yours (and I'm a LL Confused I've never had a tenant leave before or at the 6 mth point).

  1. When you go onto a rolling tenancy the tenant has to give one months notice and the LL two months notice. You have to give the notice on a rent day. So if you pay rent on the 1st, you would give 1 mths notice on the 1st of June and leave on the 1st of July.

3)As above you have to give one months notice on a rent day.

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