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AST to Rolling Tenancy notice question


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I am a landlord that has signed an Assured Shorthold Tenancy agreement with my tenants for a term of 12 months. However, there is a provision in my agreement that states: "It is further agreed that in the absence of a replacement Agreement this Agreement shall be deemed to be extended until such time as at least two calendar months advance written notice is given by either party of their intention to determine this Agreement but without prejudice nevertheless to any claim by either party against the other in respect of any antecedent breach of this Agreement or the conditions herein contained."

My question is this: at the end of the 12 month term of the AST can I still insist on 2 months notice being required for the tenants to vacate or am I to understand that since the AST automatically becomes a statutory periodic (or "rolling") tenancy, my original terms are no longer in force, and that the tenants need only give the normal statutory one months notice?

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Your Notice clause cannot overide Statute (SPT),

If Ts wish to leave towards end of fixed term & give Notice then they must give your 2 months Notice and you are entitled to rent for fixed term. They may vacate on last day of fixed term without Notice. If they are in occupation one minute after fixed term ends, then SPT is created automatically and new Notice periods exist, 1 month for T, 2 for LL, service & expiry based on last day of T periods.

All this assumes T is AST and not Contractual (unlikely).

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