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Assured shorthold tenancy break

9 replies

whiteumbrella · 02/12/2025 21:25

I’ve been in a private rental since Nov 23, let through estate agents. The contract was for a year and landlord sent me a memorandum to extend after a year and again this November with price increase which I’ve signed. I’ve scoured the initial contract and memorandum and there is no mention of a break clause or notice period. Could I now give 2 months notice after just having signed the extension memorandum?

OP posts:
Burningbud1981 · 02/12/2025 21:28

No. You are bound by the fixed term and liable for rent unless the LL agrees early termination. The renters reform bill comes into affect May 1st. At that point fixed terms are abolished and you can give notice.

assuming you are in England btw

Friendlygingercat · 02/12/2025 21:30

The above Poster is correct. There are no fixed term contracts once the new legislation becomes effective.

whiteumbrella · 02/12/2025 21:35

Ok so even though I’ve done the initial fixed term of 12 months, I’m not now on a rolling periodic but another fixed term?

OP posts:
CatsorDogsrule · 02/12/2025 21:40

What are the terms of the memorandum that you signed? (A rolling contract would have been in effect if you hadn't signed again for a new term.)

Burningbud1981 · 02/12/2025 21:42

whiteumbrella · 02/12/2025 21:35

Ok so even though I’ve done the initial fixed term of 12 months, I’m not now on a rolling periodic but another fixed term?

Edited

Did you sign another fixed term ? If you didn’t then the tenancy becomes periodic ( rolling ) and if so you can give notice. If you did then it’s as my initial advice.

whiteumbrella · 02/12/2025 21:48

The memorandum states “it is hereby agreed by both landlord x and the tenant x that the tenancy of the above property will continue for another 12 months from 2 November 2025 expiring on 2 November 2026 on the same terms contained therein. The rent will increase to x per calendar month”

OP posts:
Burningbud1981 · 02/12/2025 22:22

whiteumbrella · 02/12/2025 21:48

The memorandum states “it is hereby agreed by both landlord x and the tenant x that the tenancy of the above property will continue for another 12 months from 2 November 2025 expiring on 2 November 2026 on the same terms contained therein. The rent will increase to x per calendar month”

So fixed term. So it’s as per my first comment

TMMC1 · 03/12/2025 08:34

No. If it’s a fixed 12months without a break clause then you are liable for the full 12 months.
You could always ask and give say three months notice but landlord can refuse.

sometimes with break clause you have to pay remarking costs. You could offer that

Burningbud1981 · 03/12/2025 09:06

TMMC1 · 03/12/2025 08:34

No. If it’s a fixed 12months without a break clause then you are liable for the full 12 months.
You could always ask and give say three months notice but landlord can refuse.

sometimes with break clause you have to pay remarking costs. You could offer that

They won’t be liable for the full 12 months. They will be liable up to May 1st when fixed terms are abolished. Op can then give 2 notice

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