Ending periodic tenany

[LB2307]

Hi, looking for some clarification on the laws ending a periodic tenancy and what prevails where there has been a contract in place.

I had a fixed term 12 month rental contract which has the following clause

The tenancy can not be terminated before the expiry of the fixed term. If either party wishes to terminate the tenancy at the end of the fixed terms, that party shall give two months' prior written Notice from the rental due sate to the other party, failing which the tenancy shall continue beyond the fixed term and shall convert into the periodic tenancy.
If a party wishes to determine the tenancy after the first fixed term and during the periodic tenancy, that party shall give two month's prior written Notice from the rental due date to the other party"

The clause seems to suggest that I have to give two months notice even if the fixed term has ended as they tenancy has turned into a periodic tenancy. However I spoke to a letting agent and a friend advised there is a common law right for a tenant to end a periodic tenancy by giving one months' written notice? I ideally only want to give a month so would be grateful if anyone could clarify the if the common law right can be used?

[Diana M]

Re: Ending periodic tenany

Are you paying your rent monthly or weekly under the terms of your AST? That may determine your notice period.

Notice must be given on or before your "rent due" date too so if you miss the boat a one month notice period could become two months.

Why do you want to give notice? Have there been Landlord issues?

It's always best to try to fix the exit things amicably if possible.

Did you pay a deposit and was it placed in a Government backed scheme?

Di

[LB2307]

Re: Ending periodic tenany

Are you paying your rent monthly or weekly under the terms of your AST? That may determine your notice period.

Notice must be given on or before your "rent due" date too so if you miss the boat a one month notice period could become two months.

Why do you want to give notice? Have there been Landlord issues?

It's always best to try to fix the exit things amicably if possible.

Did you pay a deposit and was it placed in a Government backed scheme?

Di

We pay monthly and I'm aware that we need to give one month 'period' of rent according to common law, but just wanted to know if we have to follow our contract even though the AST has ended. We are only moving because we've found a bigger place to start now and our deposit is protected.