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Aug, 2014

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  1. #1
    Join Date
    Sep 2005
    Posts
    153

    Default 6month lease now rolling contract

    Hi new to this bit of the forum.

    My son signed a six month lease and its due to finish on Monday. He has been calling the Landlord to ask him to take the final meter readings etc.

    The Landlord has stated that although the lease states 6 months it is a rolling lease unless the tenant gives a months notice in writing.

    My son has read the lease and can't find anything in the Lease which states anything like that.

    Is the landlord pulling a fast one?but is

  2. #2
    Join Date
    Jan 2005
    Location
    Midlands
    Posts
    2,216

    Default

    Provided that the tenant leaves on or before the last day of the fixed term of his AST, in law he is not required to give any form of notice. If he stays one minute after midnight of the last day of his lease, it becomes statutory periodic and can, in theory, run on for ever. Under these circumstances the tenant must give is landlord one month's notice that he intends to leave and his landlord must give at least two months. This notice should end on a "rent day" which is the day on which rent is normally due.

    P.P.
    Any information given in this post is based on my personal experience as a landlord, what I have learned from this and other boards and elsewhere. It is not to be relied on. Definitive advice is only available from a Solicitor or other appropriately qualified person.

  3. #3
    Join Date
    May 2009
    Posts
    14,115

    Default

    Quote Originally Posted by P.Pilcher View Post
    This notice should end on a "rent day" which is the day on which rent is normally due.

    P.P.
    No, the rental periods in a periodic tenancy are defined by the frequency of rental payments, and begin on the day after the fixed term expires. Occasionally, this may not coincide with when rent is due, for example, when rent is due on the 1st of the month, but the fixed term began/ended mid-month.

  4. #4
    Join Date
    Feb 2010
    Location
    west country
    Posts
    120

    Default

    If he leaves before the six months are up then that is ok roll beyond that then look at the previous replies.But it is polite to give one months notice not leave it to the last.

  5. #5

    Default

    Hi

    This thread is of great use to me. I am currently running to the end of a six month rolling contract in a property in Scotland which ends at the beginning of July and after having a conversation with the letting agency i was informed i required 2 months notice, of which i only given roughly 1 month.

    I was wondering if anyone could enlighten me on my following concerns before i make my next move.

    Is it a different issue when letting agencies are involved? Is written notification of endling lease required? Can the deposit be held from tennants who have not given sufficient notice in the eyes of the letting company?

    Ultimately, are we all in agreement that i am within in my right to walk away at the end date of the proposed 6 month lease?

    Any help would be greatly appreciately, it's all a bit stressful.

    Thanks.

  6. #6
    Join Date
    Jul 2008
    Location
    Yorkshire
    Posts
    24,592

    Default

    Quote Originally Posted by teddyduchamp View Post
    Hi

    This thread is of great use to me. I am currently running to the end of a six month rolling contract in a property in Scotland which ends at the beginning of July and after having a conversation with the letting agency i was informed i required 2 months notice, of which i only given roughly 1 month.
    Sorry - Scottish law is different and there isn't really anyone on this forum qualified to tell you about the legal position north of the border.

    Try Shelter Scotland's website? http://scotland.shelter.org.uk/getad...renting_rights

  7. #7

    Default

    As a landlord in Scotland -- I believe the theory of tacit relocation comes into play (under common law therefore does not require to be specified in lease), whereby a lease is construed to "roll" for another 6 months unless sufficient notice is given bfore the end of the lease. I'm no solicitor, however...

  8. #8
    Join Date
    Mar 2009
    Posts
    8,539

    Default

    Teddy, rebecca

    Welcome both to LLZ...


    - better these discussions on the Scottish board...

    http://www.landlordzone.co.uk/forums...p-Legal-Issues

    Guess teddy has been 'n gorn....
    I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

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