Yes – however there are some things to be aware of depending on whether the notice period applies to a fixed term tenancy or a periodic tenancy and whether the periodic tenancy is statutory or contractual.

Termination During Fixed Term Tenancy

For leases with a long fixed term (typically more than 12 months) it is common practice to include notice periods of more than one month in tenancy agreements as a condition of a break clause, assignment of the tenancy or underletting.

Termination During Periodic Tenancy

If a tenancy is allowed to roll over (or hold over) and become a statutory periodic tenancy at the end of any fixed term, any notice period defined during the fixed term has no effect during the periodic tenancy by virtue of Section 5 (3) (e) of the Housing Act 1988 which states other terms are the same as those of the fixed term tenancy immediately before it came to an end, except that any term which makes provision for determination by the landlord or the tenant shall not have effect while the tenancy remains an assured tenancy.

Determination means the ending of a tenancy.

The provision in the Housing Act 1988 relates to a tenancy that rolls over to become a statutory periodic tenancy as distinct from a contractual periodic tenancy. However, it could be argued that a condition requiring the tenant to give two months notice is an unfair term under the Consumer Rights Act 2015 on the basis that it’s not something commonly found in similar tenancy agreements.

Finally consideration needs to be given whether insisting the tenant gives two months notice is reasonable – few landlords would be willing to hold a property for a prospective tenant for two months.

Further Reading

Housing Act 1988 Section 5

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