Help! Is my landlord correct about notice requirements for an AST contract?

[Nahthatsnoton]

My 12 month AST expires on 23 July 2021. I have decided not to renew and informed my landlord last week. However he contacted me today to say that I am required to give him 2 months notice.

I don't think this can be right as my understanding is that the contract expires automatically on the date stipulated as the end date in the contract, is that not the whole point of an AST?

The contract refers to 2 months notice but in the context of a break clause (i.e. early release) nothing else.

I really don't want to fall out with my landlord but I feel quite strongly that he is wrong. However, am I missing something here?

Is anyone able to give their advice? I am due to speak with solicitors tomorrow afternoon but I am really worrying and some feedback here will either reassure me (or reconcile me to reality) and will likely help me ask the solicitor the right questions.

Thanks in advance.

As I understand it (from renting) he is correctat the end of an AST you automatically go to rolling, rather that leave. However I've always been contacted in advance by the estate agent to checkdid they contact you before? Typically 2 months is the timeframe as this is what is involved in marketing and re-letting. Otherwise (by your logic) you could just leave on the day and they would have an empty property for months.

Thanks.

The thing is we would not go to a rolling contract, we have signed at least 5 ASTs with this landlord. We only go from an AST to an AST. Does that make a difference do you think?

It's 1 month on an AST if it reverts to a rolling contract.

I'm pretty sure you only have to give one month notice, while he needs to give two, regardless of what the contract says.

"Leaving on the last day
The general rule is that the tenant can leave on the last day of a fixed-term tenancy without giving notice, and this will end the tenancy.[2] If the tenant remains even a day longer than the last day of a fixed-term tenancy, a statutory periodic assured shorthold tenancy will arise, which the tenant can end by serving a valid notice to quit." Shelter

But it goes on to say:

"Contractual periodic tenancy arising at the end of fixed term
Where the tenancy agreement contains a clause providing that a periodic tenancy will arise immediately on expiry of the fixed term, a contractual periodic tenancy that arises will be a continuation of the original tenancy. In this circumstance, the tenant cannot end the tenancy by leaving on the last day of the fixed-term agreement. To end the tenancy, the tenant must serve a valid notice to quit after the date on which the fixed term ends.

Clause requiring that landlord is informed of intention to leave
A clause in the tenancy agreement may require the tenant to inform the landlord if they intend to leave on the last day of a fixed term. If the tenant fails to inform the landlord in accordance with the agreement, the landlord may be able to argue that they have suffered a loss and/or incurred extra costs as a consequence."

So you really need to read your contract carefully.

If it's a fixed term AST you're correct. I'm surprised they haven't been in touch to find out your plans before it got to this point.

One month notice is the usual - my sister got caught by the same thing. She felt bloody stupid and cross with herself - it will be on your contract.

Those saying it is one month on a rolling contract, we are not on a rolling contract yet as we are still on an AST. It only becomes a rolling contract on 24 July. Does that make sense?

Can you take a photo of all notice clauses and post them? (Not that I doubt you, but just to look what it says.)

Either one month or ability to leave without any notice is what I'd expect, but it would be useful to check!

He is correct

No, you can leave without notice if it’s an AST. The landlord has to give you notice (currently 6 months, I think, because of covid) but you don’t owe any notice. But rubbish of you not to let them know, but you are within your rights.

As others have said, unless there are specific clauses in your contract you can just move out on the last day without giving any notice.

You need to speak to someone who understands the laws on renting, and a lot solicitors don't know the laws on this. You should contact Shelter to ask their advice.

Speak to shelter you need proper advice .

Contact Shelter, you don't need a solicitor.

The wording of your contract should clarify the correct way to give notice both inside and outside the fixed period.

www.landlordzone.co.uk is a great resource: go to the Residential Lettings forum.

No forum can clarify exactly what wording her tenancy has though.

In general you'd expect that you could just leave at the end of the AST period. However, potentially there is a notice clause in her actual agreement, regardless of the general rule. Which is why I've said to post photos of all clauses relating to notice just for a sense check.

Are you leaving at the end of AST ( 23rd July)?
If yes - no notice required - you leave.
If no - no notice required as you are not leaving so will go onto rolling then.

If he is saying 'New AST or leave' then HE has to give YOU notice.

Thanks for everyone's advice. I didn't want to share the contract as it was definitely a self drafted one which could have been outing.

The solicitor agrees with me which is good news. This contract terminates at the end of the AST.

I wish circumstances had enabled me to give my landlord more notice as a courtesy, posters have rightly called me out on that.

Thanks everyone.