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Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 7617
Experience:  BA (Hons), PgDip, Practising Solicitor
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If we have signed a Renewal AST Fixed Term for one year,can we end the tenancy before

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If we have signed a Renewal AST Fixed Term for one year,can we end the tenancy before the end of the renewed fixed term by giving one month's notice or do we definitely have to stay until the end of the fixed term (one year)?



Thanks for question.


I'm afraid that you cannot end the term before the the (renewed) term has expired. It is, for all intents and purposes, exactly the same as the previous tenancy. You can only leave before the fixed term expires if the property is unfit for human habitation (ie. a repudiatory breach to provide accommodation to live in), if there is a break clause permitting early terminate or if the landlord agrees to surrender the tenancy.


If you carry on occupying the property after the term of the original tenancy without executing a replacement tenancy then the tenancy will become a statutory periodic tenancy which means that it continues on the same terms from one rent period to the next (so monthly if you pay your rent monthly). Under a SPT you are required to serve once months notice (if rent paid monthly) to terminate and the notice must expire at the end of a full rent period.


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