if a tenenacy agreement re-newal wasnt signed whats the legal stance?

brians_daughter

Hello all, asking for a co worker, she would really apreciate your advice.

Before i start i will say she cant find her tenancy agreement :mad: So i expect thats the first step in answering her query

She rents privately through a letting agent , her 6 months tenancy was up in October and agent contacted her asking was she staying in property - she said she was. They asked to arrange a time to suit her so they could go round re-sign the agreement and do a house check. She agreed a time and they never turned up. She called to try and see what was happening, apparantly the man that was going out had to go home ill. She emailed them 3 dates she would be available and asked them to get back to her, email was read but no reply. She emailed again (they seemingly never answer the telephone) and again no reply. So shes never re-signed her agreement

Now, if the tenancy ended in October she would have signed to stay on for 6 months - April.

Recently shes been having issues with new neighbours who purchased the house next door in Novemeber.

Where does she stand legally? re moving out? Is she bound by a contract shes tried,a nd failed to sign 3 times or is she 'out of contract' so to speak.

She was talking of paying up her tenancy just to get away from the neighbours, but is there actually a tenancy to pay up? Im not suggesting for one moment she just leaves, but if she could maybe have some play with letting agents by saying she didnt re-sign so shes not in contract and give a moving date etc?

i suspect its a case of if shes not moved out shes agreed the tenancy with or without a signature but i thought i would ask anyway

Shes been off ill for 4 weeks with it all so it is taking its toll. Im just trying to help her figure out what she can/cant do from here.

Anna

maginot

If she hasn't signed a new tenancy agreement after the original term finished, then she will go onto a rolling tenancy whereby she has to give just one month notice and the landlord has to give 2 months.

G_M

The post below will answer all questions:

Ending/Renewing an AST (what happens when the Fixed Term ends?)(What is a Periodic Tenancy?)(How can a LL remove a tenant?)(How can a tenant end a tenancy?)

brians_daughter

Thank you both - thats really interesting. I shall pas it onto her, she will be overjoyed if she can move before april!

G_M

maginot wrote: »

If she hasn't signed a new tenancy agreement after the original term finished, then she will go onto a rolling tenancy whereby she has to give just one month notice and the landlord has to give 2 months.

A good resume, but note that the precise dates matter. It is not simply "onemonths notice", as explained in the linked post.

brians_daughter

Thanks! Yes, i got that (i think) . I will pass it over to her.

So, if her tenancy started 30th she needs to give notice Jan 29th to move out end of feb. if she gave notice 31st Jan it would be end of march? Is that correct?

G_M

brians_daughter wrote: »

Thanks! Yes, i got that (i think) . I will pass it over to her.

So, if her tenancy started 30th she needs to give notice on or before Jan 29th to move out end of feb. if she gave notice 31st Jan it would be end of march? Is that correct?

Correct. :T