Hoping someone can advise me!
I’m on a rolling periodic tenancy following a 12 month fixed term contract, but my contract stipulates that two months notice need to be provided by me if I want to vacate the premises.
I’ve seen under the Landlord and Tenants Act that the notice period is typically equal to the rental period, so I’m trying to work out if I have any justification to provide one month’s notice only… I’m dealing with an estate agent rather than the landlord directly.
Any wisdom would be hugely appreciated.
Thanks,
Sam
The tenants notice period for a statutory periodic tenany is a minimum of one month expiring at the end of a rental period unless the tenancy agreement gives you more favourable terms. So in practice the notice period will be between one and two months, depending on when you serve it.
If you have a contractual periodic tenancy then the notice period is specified in the tenancy agreement and the landlord could attempt to sue you for their losses. However, notice requirements longer than the default common law notice period have been found to be unfair contract terms, so they may well lose and would probably be advised by their solicitor not to try.
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