AST How much notice by Tenant?

[investor68]

Hi,

I'm attempting :eek: to draw up my own assured shorthold tenancy agreement for a new tenant.

I've got some to base it on from different letting agents but I'm not sure how much notice to say a tenant must give when he wants to move out?

Most of the agreements I have are for 12 months with a break clause after 6 months when the Tenant can give 1 month's notice.

But one of the agreements says Tenant must give two months notice.

Two months would be better for me as it gives me more time to re-market when a Tenant moves on but I just wondered can I legally/fairly put this in?

I thought there was a specific period stated by statute that said only 1 month was needed so not sure if I could even put 2 months in the agreement.

Please is anyone knowledgeable in this area?

Working out Tenancy Dates:
How do I work out the start and end dates if the agreement is for a year: If it started today 20th February, do I just put the end date as 19 Feb 2009. Sorry to be dim.

Many thanks.

[pcwilkins]

Two months would be better for me as it gives me more time to re-market when a Tenant moves on but I just wondered can I legally/fairly put this in?

If it's a break clause, then as far as I know you can put in whatever notice period you want.

T does not have to give any notice to leave at the end of the fixed term.

If the tenancy becomes periodic, I believe T has to give 1 month's notice.


I thought there was a specific period stated by statute that said only 1 month was needed so not sure if I could even put 2 months in the agreement.

The statutory period you mention refers to a periodic tenancy, I believe. There is no legal obligation to have a 1 month notice period for a break clause.


How do I work out the start and end dates if the agreement is for a year: If it started today 20th February, do I just put the end date as 19 Feb 2009.

Yes. E.g. f the tenancy started at midnight last night, it should end at 23:59 on the 19th February next year. I think.

Peter

[investor68]

Hi,

Many thanks Peter for your helpful reply.

It is indeed a break clause, it's a 12 month contract but with an ability for the tenant to give notice after the first six months (as he is looking for a place to buy and doesn't want to be tied in to 12 months) which is fine.

I've seen various letting agent contracts and most say the tenant only need give one month's notice but one I've seen referred to two months which would suit me much better so I just wanted to check it was okay to put this and that I wouldnt be flouting statute some how!

Someone has suggested I buy an AST from the RLA - it costs £5 which is much cheaper than I thought it would be - has anyone used this an would they rate it? The ones from letting agents are very detailed which is why I am trying to base mine on theirs.

Many thanks.

[Grange]

Google ast agreement UK search only. First hit is a free template.