As a landlord, my Tenancy agreement requires 2 months notice to leave, for both Tenant giving notice or myself.
Is this actually valid?
Typically, when notice is given is this applicable from the day given or from the first day of the new rent period IE first of month? I know a lot of agents do this, so a tenant could in-fact give notice on say the 14th but it’s effectively 4 weeks notice from the 1st of the next month.
The answer is that it depends. If you have a regular fixed term tenancy then when it expires, a statutory periodic tenancy automatically arises as a new tenancy. In this case any notice clause doesnt carry across and so will be of no effect in the SPT.
If your tenancy agreement says that the tenancy WILL continue after the end of any initial/fixed term, then its likely to be a contractual periodic tenancy. In this case the notice period may be lawful, but only a judge can decide for certain.
Thank you David.
Current ast doesn’t have this clause you refer to.
I noticed the openrent ast does, I may well use this contract on future tenancies.
The NRLA agreement is also contractual periodic now.