Thanks for your question.
Can you confirm if the tenancy is an assured shorthold tenancy? It will be automatically unless a notice was served at the beginning of the tenancy specifically stating that it was not to be.
We are still waiting for sight of the tenancy agreement, but according to the client it was an agreement for a year. If it was an AST then we would have expected either an initial service of S21 or just before the ten month time. I am unaware of a fixed term tenancy as such, other than an AST, so thought I would pick your brains!
The initial agreement was in writing, so it's not a 'default' AST as far as we are able to tell currently.
It will only not be an AST if you received a separate notice stating it isn't an AST. It does not matter what the tenancy agreement say.
If the tenant does not intend to stay beyond the fixed term of the tenancy agreement he does not have to serve any notice whatsoever upon the landlord. He can just vacate at the end of the term.
If the landlord requires possession of the premises (and the tenants are not in arrears, have not been late with the rent and have not allowed the property to fall in to significant repair) upon the expiry of the fixed term then he must serve a valid s21 Notice at least two months before end of the fixed term.
The tenant is under no obligation to leave if a valid s21 notice has not been served and if they stay longer than the fixed term they will occupy it as a statutory period tenancy. If the tenants then wished to leave they would have to give one months notice with such notice to expire at the end of a rent period (end of the month if from 1st - month end. THe landlord, however, would still have to give them the two month 1 notice even if it ias a statutory periodic tenancy .
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