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SASH_Law
SASH_Law, Lawyer
Category: Property Law
Satisfied Customers: 4346
Experience:  LLB (Hons)
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Our landlord would like to convert our AST of 3 years into a

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Good evening, our landlord would like to convert our AST of 3 years into a periodic tenancy with a 2 months notice period even though there is still one year to go until the end of the initial fixed term. Can he do that?

Hi, I’m Lea and I will be assisting you with your query today.

I am very sorry to hear about your dilemma, but will do my best to provide you with advice and guidance on what to do next. No, not without your agreement. Your tenancy agreement is a contract and it cannot be ended sooner unless there is a break clause contained within it that permits this. In any case, even if you were in agreement, the current notice period according to the law, due to COVID is actually six months, not two.

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Customer: replied 11 days ago.
Thank you. There is a break clause in the contract which I read that the landlord already has the possibility of a two months notice period (currently 6 months due to Covid). He also had not ended the tenancy. He only wants to roll it into a periodic tenancy which I find odd as the tenancy has still one year outstanding. Break clause: "Any time after 12 months during the initial fixed term of this tenancy either party may invoke this break clause by providing a minimum of 2months written notice, at the end of the 10th month or thereafter, to the other. At the end of such notice the tenancy shall end and all obligations and responsibilities shall cease; subject nevertheless to any claim by either party against the other in respect of any breach of any of the terms and conditions of the agreement."

That just means they can serve notice on you from month 10 (or vice versa). They still have to actually serve the notice, and it's not changing the tenancy to a periodic one, it is ending it, so if they serve notice according to the break clause, when the notice period is up they have to seek possession (if you haven't moved out). But they are not unilaterally changing the actual agreement by simply saying what they want to do.

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