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Thomas
Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 7475
Experience:  BA (Hons), PgDip, Practising Solicitor
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My friend took out a shorthold tenancy agreement which the

Resolved Question:

My friend took out a shorthold tenancy agreement which the 6 months runs out on the 25th February 2011.
She has found somewhere else she wants to move to and somebody has told her you do not have to give a months notice in the first 6 months.
However somebody else has said you have to give a months notice at the end of the 5th month to coincide with the 6th month. Could you please advise.

thank you
Submitted: 5 years ago.
Category: UK Property Law
Expert:  Thomas replied 5 years ago.

Hi,

 

Thanks for your question.


There is no requirement for a tenant occupying a property under an assured shorthold tenancy is not required to serve any form of notice on on the Landlord in order to leave on the expiry of the fixed term. It is only the landlord that has to serve notice (a s21 notice) if they wish for the tenant to vacate on the expiry of the fixed term.

 

It would be prudent however to provide a letter/email to the landlord confirming that she is to leave because although there is no requirement to do so it will prevent the landlord claiming that she stayed after the fixed term, thereby creating a statutory periodic tenancy which does require notice to be served by the tenant.

 

If this is useful please kindly click accept so that I may be rewarded for my time. You will be free to ask follow up questions.

 

Kind regards,

 

Tom

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