Historically, landlords have felt confused as to which part of Section 21 should be applied when serving notice on a fixed term AST that has come to an end, and the courts have been aware of the problems this has caused.

The recent ruling in the case of Spencer v Taylor [2013] will simplify the way notice is served as it affirms that just two clear calendar months' notice is required to end an AST after a fixed term expires.

Typically, ASTs have a fixed-term period of 6 or 12 months. During this time, a tenant can only be evicted if grounds for possession can be proved or if there is a clause inserted within the tenancy agreement.

However, once the fixed term expires, the AST doesn't automatically terminate. In some cases, if the parties haven't agreed to a new fixed term, a periodic tenancy will be created by default where the tenancy continues on the same terms as before.