FAQ's from Landlords and Tenants

These Blogs are designed to give Landlords and Tenants an answer to a question they may have on their minds. If you have any questions for us to answer then please get in contact with us and we will do our best to answer you as soon as we can. Thank you.

Tenant Question:

 I am about to renew a tenancy agreement and would prefer to have a one month notice period to leave the property which I am entitled to give in law. However all agreements ask tenants to give two months, which the landlord would need to give me should he ask me to leave. The new agreement is requesting I give the same two month notice period. How can I get my legal rights in this instance?

Think property answer:

Once a fixed period of the tenancy has ended, the tenant has a choice of either accepting a new written fixed period agreement or to just continue in the tenancy as a statutory periodic tenant.

A statutory periodic tenancy continues on the same terms as defined within the fixed term agreement with the exception of the notice period for the tenant, which reverts to the statutory requirement of at least 28 days in writing, expiring on the first or last day of a period of the tenancy.

However, the notice period on a fixed term tenancy agreement is whatever is agreed by the landlord and the tenant. If you agree with two months' notice requirement, you will be legally bound by it if you sign the agreement.

You could try and negotiate a one month notice period but if the landlord does not agree to that, you have the choice of either entering into the new agreement on its terms, or remaining as a statutory periodic tenant but without the security of a fixed term.