Advice needed - does AST contract count if new one not signed?

oldestgnome

Hi there

My friend moved into a two bed property he shares with a friend August 2009 on a 1 year AST. The new AST for August 2010 the agency sent out was not signed. My friend has lost his job and wants to move out of the property - the agency have told him and his friend they cannot move out until August 2011. Is this right - if the contract was not signed surely this is now a periodic tenancy?

Can someone advise where they stand?

Thanks

Jowo_2

You are correct. If a new contract is not signed, it automatically becomes a periodic tenancy. The Shelter website has excellent info on how to end a periodic tenancy, and a joint tenancy, too. For example, if the rental period is monthly, the tenant on a periodic tenancy can give 1 months notice, timed to expire with the end of the rental period.

EDIT - this advice is for England/Wales. See the Shelter website or tell the forum members if you are referring to property in Scotland.

Brb

Did they pay a fee around the same time ?

If no-one signed the agreement and sent it back then yes they are on a periodic statutory tenancy. All the terms of the original agreement stand true except the notice. Ts need to give one month's notice to tie in with their tenancy dates and LL could give two (same dates).

If though, they paid a fee to the LA then it could be argued that the agreement is valid.

DVardysShadow

If they did not sign again, they are on a 'Statutory Periodic Tenancy' google that expression for more info. But baiscally the old tenancy continued with tenant having to give minimum one month's notice and landlord minimum 2, both to end on the last day of a rent period. If they never signed the new agreement, Letting Agent are mistaken. Give notice in writing, keep a copy.

PasturesNew

Agent either never checked/assumed it was signed .... or realises they should have followed it up by now and they haven't so are bricking it.

Stand your ground.