Rental property-notice-contracts

valetta30

Hi
I am in a rental property and commenced a 6 month tennancy June 2009.
In Nov 2009, I signed an agreement letter to another 6 months from Dec 2009 to June2009, paid the £30 and then had the contracts come through the post.

I never signed the contracts or returned them, and forgot about it. The company never chased me.

I want now to put one month notice in to vacate in May. However, today, I received a letter asking if I want to continue the 6 month CURRENT contract and have 6 months more. Meaning they think Im in a 6 month contract!!!

I assumed I was in a rolling 1 month contract as I have not signed anything?!

Problem being, I have just put a deposit down on a new property....

This house is in such bad state and owned by a repo company so I know there will be no tenants lined up.

Please could someone advise...thank you!

Jowo_2

If you are out of a fixed term contract, you have a periodic tenancy. This happens automatically if a new contract is not signed.

If the rental period is monthly, you can serve a months notice in writing timed to expire with the end of the rental period. A common mistake by tenants is to assume they can just give a months notice at any point in the tenancy without considering how its expiration has to be timed with the rental period.

Sounds like your agent/landlord hasn't realised you are out of contract. Just make clear in your notice letter (keep a copy) that you have a periodic tenancy.

http://england.shelter.org.uk/get_advice/renting_and_leasehold/ending_a_tenancy_or_licence/ending_a_periodic_agreement

valetta30

Thanks Jowo!
Just to confirm, me signing a letter saying i wanted another 6 months and paying a cheque wont constitute an agreement in the eyes of the law?

Like I say, no contracts have been signed...think they are in a drawer somewhere lol!!!!

Jowo_2

As far as I'm aware, only the signing of that particular contract will create the contractual relationship. Check with Shelter if you are unsure. also, do try and check that you still have the signed contracts and didn't inadvertently sign and send them back otherwise you'll be obliged to pay the rent until it expires in June unless the agency/landlord lets you surrender it early.

valetta30

Thanks Jowo, Ill check with Shelter. Youve been a great help, thanks for responding so quick!