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Notice given after 5 weeks - is my AST new or an extension?

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Author Topic: Notice given after 5 weeks - is my AST new or an extension?  (Read 28 times)
Newbie
Posts: 1

I like property

« on: November 25, 2021, 09:52:46 PM »

I moved into a 2 bed place with a friend who was already residing there for over a year, with someone else.
When I moved in, we were given an AST with us both named on it, with the terms stated as "rolling contract, with 2 months notice required"
The landlord did this thinking that she could give us 2 months notice at any time (which she has now done 5 weeks after moving in, so she can sell).

I'm aware that a new AST, even with a short fixed period, a S21 cannot be served within first 6 months/tenant has 6 months minimum.

I'm having difficulty finding out whether this counts as a new AST (because I am new and AST is new) which would mean she can't serve a S21 for the first 6 months....  or if it counts as an extended one, as my flatmate has been there for years, and we are truly in rolling territory, meaning she can serve 2 months notice at any time.

it seems like it should be new, as those 6 months are there to protect me from being messed around like this... but, maybe this contract isn't seen as the first contract, the one with my flatmate is, and this is just seen as an extension (with a new name on it).

Can anyone please clarify?
Hero Member
Posts: 658

I like property

« Reply #1 on: November 26, 2021, 01:08:30 AM »

(Assuming England and not Wales)

It's a new tenancy, or rather it is not a "replacement tenancy". For it to be a replacement tenancy, the landlord and tenant must be the same, which in your case it's not as you weren't a (joint) tenant in any previous tenancy.

It's four months not six, plus then the notice period of the section 21 notice.
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