Assured Tenancy Term query

What happens if the landlord does not stipulate the term in the contract – does it revert to automatic 6 months minimum or does it just becoming a rolling one where either side can give notice any time. The start date is clear but the term was left blank. I have a friend who wants to leave the property asap as the landlord came to the property without prior agreement but landlord is insisting on 6 month minimum.

Hi Alex,

Great question here and one I hear a lot.

If you sign an Assured Shorthold Tenancy agreement that does not stipulate a fixed term length, then you will have a contractual periodic tenancy - or a ‘rolling tenancy’ as you put it.

In a periodic tenancy, either party can terminate the tenancy by serving notice. The length of the notice should be in the terms of the agreement. Once the notice period elapses and the tenant moves out, the tenancy will be over.

So to apply this to your case, from what you’ve said, your friend will not have to wait until 6 months have elapsed to move out. They will only have to service notice according to the terms of the agreement. If no notice period is specified, then it is one month.

Hope this helps, feel free to ask follow ups.

Sam

Hi Sam

Many thanks, this is very useful information.

Regards

Alex

It could be the landlord think that it is not possible to end tenancy in first six months. Landlord cannot evict tenants in the first six months but nothing to stop tenant giving notice in first six months except the fixed term!

Stupid of landlord to not have fixed term. I always put in fixed term twelth month minumum