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Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 7613
Experience:  BA (Hons), PgDip, Practising Solicitor
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Hi. Ive lived in my flat for over 6 years, starting April

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Hi. I've lived in my flat for over 6 years, starting April 2006, I had my tenancy renewed on a yearly basis until 2009, that's when I received my last tenancy agreement. Since then I obviously paid my rent every month, but haven't heard anything from the agent or landlord with regards XXXXX XXXXX tenancy since. The landlord now wants to sell the flat and I would like to find out what notice period I actually have.

Thanks for your patience.

Because the fixed term of the tenancy agreement has expired it has now become a statutory periodic tenancy, which means that it is the same as the previous agreement except that there is no fixed term and it continues from one rent period to the next (so, monthly if you pay your rent monthly. This means that you cannot be evicted unless ou have received two months’ notice in the correct form.

The notice period is two months with such notice to expire at the end of a rent period. It is very important that you use the correct dates and have the notice in the correct form.

Here is a link to a good website explaining about the notice you must serve. Please see the passage on page 4 titled PERIODIC TENANCIES because this is what the tenancy is now:-

If you do not get the above notice then you do not have to leave. In order to evict you the landlord would have to serve the notice. If you do not leave once the notice period has expired then the landlord would have to apply for Court for an order for possession. He cannot evict you without a court order but, obviously, you would remain liable for the rent up until the point at which you physically leave the property.

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Kind regards,

Customer: replied 4 years ago.

Thanks for your answer Tom. Does the 2 month notice rule apply for both sides?


No, you would only have to give one month's written notice with such notice to expiry at the end of a rent period. Please see this link for guidance:-

See "Notice by Tenant".

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Kind regards,

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