Q&As

A landlord serves notice to terminate an annual periodic AST and the notice states that the tenant must give notice to vacate early. Can the landlord enforce this and demand rent if the tenant does not give the specified notice?

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Produced in partnership with Chris Bryden of 4 King’s Bench Walk
Published on: 20 December 2016
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Case study

A landlord serves notice (not in the prescribed form) purporting to terminate an annual periodic assured shorthold tenancy (AST) on its anniversary. That termination date is approximately two months away. The landlord’s notice includes a provision that the tenant must give four weeks' notice if he wishes to vacate before the termination date specified by the landlord. The tenant wants to leave early. The tenant did not pay a deposit. The landlord wishes to enforce this and demand rent if the tenant does not give the specified four weeks’ notice.

An annual periodic AST is terminable by the landlord giving notice pursuant to section 21(4) of the Housing Act 1988 (HA 1988) as amended. HA 1988, s 21(4)(a) provides that the landlord must give a notice in writing stating that, after a date specified

Chris Bryden
Chris Bryden

Barrister, 4 King’s Bench Walk

Chris was called to the Bar in 2003 and since that time has built a busy practice across a range of areas, with an emphasis on Chancery practice. He enjoys a well-deserved reputation for his knowledge and expertise in each area. He appears regularly in the County Court, Family Court and the High Court as well as various specialist Tribunals, and has been involved in cases up to and including the Supreme Court. He regularly is instructed at Appellate level. He has extensive and wide-ranging experience particularly in the areas of wills, probate and inheritance disputes; property including adverse possession, boundary disputes and issues arising out of trusts of land; company and commercial work and financial remedies. Chris is head of the Family Group and head of the Property Team at 4KBW.

Chris is the author of numerous articles in publications such as the New Law Journal, Counsel and Family Law, amongst many other titles, and is the co-author of Social Media in the Workplace: A Handbook (2015, Jordan Publishing).

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Jurisdiction(s):
United Kingdom
Related legal acts:
Key definition:
Landlord definition
What does Landlord mean?

A person who grants a lease.

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