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Remus2004
Remus2004, Barrister
Category: Property Law
Satisfied Customers: 70698
Experience:  Over 5 years in practice.
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My new letting agent states they no longer include a

Resolved Question:

My new letting agent states they no longer include a period of notice in their Letting Agreement because the law does not recognise anything other than the statutory one months notice from the tenant and two months notice from the landlord. My previous Agreement included two months notice on both parties after 12 months on a fixed term Assured Shorthold Tenancy. Is the new agent right in what they say?
Submitted: 3 years ago.
Category: Property Law
Expert:  Remus2004 replied 3 years ago.
Thank you for your question. My name is ***** ***** I will try to help with this.
Yes, basically that is right.
The landlord has to give a statutory notice period of two months.
The tenant is often required to give two months under the contract but there has been suggestion that is an unfair term and so void under UCTA basically because it would require a tenant to pay rent for at least one month on two properties since no landlord would hold a new property open for two months.
Therefore, the practical reality is that the law will only enforce one months' notice from a tenant.
Can I clarify anything for you?
Jo
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