Tenancy term notice period

Landlord Discussion
1

I would ideally like 2 month notice either party to end any contract, can a landlord do this?, I am asking this question because all agents stipulate 1 month for tenant and 2 month for landlord. I tend to give fixed term contract each time and no rolling contracts even if the same tenant continues to rent at the end of a fixed term.
I also carry over the same deposit from the previous contract. carrying over deposit is this OK?

2

Firstly, you are just creating work and expense for yourself by “renewing” the tenancy, as well as limiting you eviction options if the tenancy turns bad. Most experienced landlords that I know let the tenancy become periodic at the earliest opportunity.

With regard to notice, if its a fixed term tenancy then the tenant doesnt have to give any notice provided they leave before midnight on the last day of the term. If its a contractual periodic tenancy with a longer initial term then you specify the notice period in the agreement. However, a tenants notice pegiod longer than the common law minimum may be seen by a judge as an unfair contract term. The common law minimum is 1 month ending on the first or last day of a tenancy petiod.

3

thanks David
yes i understand the tenant need nit give notice on fixed term. I should have made it clear on openrent request re 2 months, I put a clause that if they do want to continue they need to give me 2 months notice. I put 2 month notice from my end because the advert starts 2 months before end of tenancy.
I am not sure if the legal 1 month, because on gov site template does not stipulate strict time period of 1 month.
regards
Shantala

4

The clause may encourage them to comply, but if they dont, you cant enforce it. Neither you nor they can prevent a periodic tenancy arising if they stay past the end of the fixed term.

5

oh ok, I was not aware of it, thanks David, you are a good resource as ever.

6

Very sorry to hear this. It’s outrageous. Must be illegal. Start with formal complaint ti get their take on it. As others state, get rents paid directly to you, though double check that doesn’t mean you are consenting ti the tenancy. I’m not a legal person . You really need legal advice but that costs a fortune. Citizens advice. Trading standards might be able to help as they are doing a service, they absolutely must have an agreed contract with you.