- If the tenancy agreement does not have a clause on how the tenancy will continue after the end of the fixed term i.e. by default allows the tenancy to become a statutory periodic tenancy after the end of the fixed term – no. (From Housing Act 1988, Section 5, if, on or before the date on which a tenancy is deemed to have been granted (start of statutory periodic tenancy), any notice to quit shall be of no effect).
- If the tenancy agreement has a clause stating the tenancy will ‘continue’ as a periodic tenancy after the end of the fixed term – yes, provided the notice complies with any clauses in the tenancy agreement covering tenant notices and the notice does not expire before the end of the fixed term.
A tenant could also serve a valid notice to quit during the fixed term to exercise any break clause in the tenancy agreement.
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