Fixed-term vs contractual periodic AST: s 21(1) or s 21(4)?

Published by a LexisNexis Property Disputes expert

Q&As

The position will vary according to the particular tenancy agreement in place for the parties. For this Q&A, we proceed on the basis that the landlord is not a social housing provider and we have not addressed the steps for regaining possession following service of a valid s 21 notice, nor issues bearing on the validity of any s 21 notice. The phrasing in such an AST creates uncertainty about the nature of the tenancy currently in effect. Whether a notice is issued under s 21(1) or s 21(4) of the Housing Act 1988 (HA 1988), the minimum notice period that must be provided is two months...

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Kate Andrews

Hamlins

Kate is a partner in the Property Litigation department at Hamlins LLP and advises on a wide variety of contentious property-related matters. Her main area of practice is contractual and development disputes, including specific performance claims, injunctions, rights to light, insolvency issues, Party Wall Act disputes and the redevelopment of business premises. She also deals with dilapidations, service charges, applications for consent, rent reviews and other landlord and tenant issues. Kate trained with Nabarro, qualifying in 2003. She joined Hamlins as a partner in 2014....

Web page updated on 27/05/2026

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