Agent requesting 2 months notice on a periodic tenancy?

I agree to a point, it is just that the break clause specifies a long since expired date. No mention of the two months notice carrying on.
I’m confused too!
Will chat with Shelter whenever they are not busy.

Who thought Shelter might be useful!!

Its 2 months notice needed in that period only, and only if termination was wanted on 14th sep. outside the date range statue law is common and would override normally. 1 month for tenant, 2 months for agent.

my tenant geve me notice 17th January and his 6 month AST ended 2nd Feb. Is that ok or would he have to have given 1 months notice.

Thanks in advance

One month is the legal minimum but a clause in an AST can override it. Most agents have 2 month’s notice period. As per Citizens Advice “Check your tenancy agreement to find out how much notice you have to give – you might have to give more than the minimum notice.” The other factor is that if you don’t, the agent won’t give you a positive reference.

Reply to the comment left by Lorraine Mansfield at 22/02/2023 – 21:55
A tenant can leave on the last day of a fixed term tenancy agreement. The contract will end there unless the tenancy agreement says they have to serve notice. If they stay past the last date it automatically becomes a periodic tenancy and they need to serve notice to end this tenancy. However, you can agree to them leaving earlier if you are in agreement to a surrender of the tenancy.

So Lorraine your tenant has vacated at the end of his 6 month AST agreement? You should have been notifying him of the terms and finding out his intentions (to leave or stay) not relying on the tenant so all rather after the event surely!

Reply to the comment left by RoseD at 23/02/2023 – 08:36
Hi the tenant sent a message 15th November saying they wanted to stay another 6 months i agreed to my agent going nearer the time to inspect the property and sign new 6 months AST . It was on the day that was to happen they then said they wouldn’t be staying as they found a more suitable house. I was just surprised they didn’t have to give notice of 1 month.

Reply to the comment left by shaun carter at 22/02/2023 – 13:22
A contract cannot trump statute law. Varying the notice period is no different to contracting not to carry out a gas safety check. It can’t be done.

If you doing this through an agent they should be advising you of the correct protocol. That’s their job. If the tenant had verbally agreed an extended 6 month let you don’t just get to change your mind without agreement. Again your letting agent should have been dealing with this and consulting with you to agree a mutual exit. I feel your issue here is more with the agent.

Whatever the notice period is, it can be overridden by agreement with the landlord so I suggest she requests this. As a landlord I would never hold a tenant to a particular date, what’s the point? You run the risk of ill-feeling and potential damage. With so much rental demand just now I expect they would be pleased to have a new tenant at probably a higher rent