Q&As

In relation to an assured shorthold tenancy (AST) for a fixed 2-year period and provisions that it then becomes a contractual periodic tenancy, is it necessary to give notice at the end of the 2-year AST to terminate the tenancy at the end of the fixed term? If so how should this be effected?

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Produced in partnership with Desmond Kilcoyne
Published on LexisPSL on 20/10/2016

The following Property Q&A Produced in partnership with Desmond Kilcoyne provides comprehensive and up to date legal information covering:

  • In relation to an assured shorthold tenancy (AST) for a fixed 2-year period and provisions that it then becomes a contractual periodic tenancy, is it necessary to give notice at the end of the 2-year AST to terminate the tenancy at the end of the fixed term? If so how should this be effected?

At common law, where a landlord grants a tenancy which is structured as: an initial fixed term; with a periodic tenancy to follow (eg for two years, and so on from year to year), it guarantees a tenancy for at least the period of the fixed term plus the first period of the periodic tenancy (in the example, three years at the least). The tenancy does not determine at the end of the initial fixed period (see eg Doe d Chadborn v Green (not available in Lexis®Library)).

The fact that a tenancy for a fixed term of two years, with provisions that it then becomes a contractual periodic tenancy, is also an assured shorthold tenancy (AST) does not change the position. The landlord is not able to terminate the tenancy at the point when the fixed term expires; he must wait for (at least) one period of the periodic tenancy to run.

Of course, at common law, a tenancy which has reached the point where it is operating as a periodic tenancy

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