Private Tenancy Rights

shanni

Hi,
Is there anyone that can help please? I have scoured the internet for housing advice but am not getting an answer to my specific question.

I have privately rented a flat for nearly 3 years initially signed a 6 month contract and then went from month to month. Just a month ago my landlord asked if I wanted to renew my contract by 6 months (he is trying to sell the property as a going concern). I signed.

Now (out of the blue) I have the chance to move to a better place and want to give notice. Am I bound by this 6 month contract to stay for 6 months or can I give 1 months notice as it is an extension on the original contract? There is nothing in my contract about notice.

I'd be so grateful for anyone that knows, I've looked on the CAB website but can't find anything.

Thanks in advance

MarkyMarkD

If you sign a 6 month tenancy, you are committed for 6 months.

You shouldn't have converted from your month-to-month basis to a 6 month tenancy if you thought you might wish to get out early.

As you didn't expect to want out early, I can see why you wished to extend - it's better for landlord and tenant to have the security of a 6 month agreement - but it's not a one-sided thing.

dag_2

Just a month ago my landlord asked if I wanted to renew my contract by 6 months (he is trying to sell the property as a going concern). I signed.

So - is it a new contract - or a continuation of the old one?

If it's a new contract, you have a fixed-term tenancy, and might have to pay the rent for the full term - however, the landlord might not enforce this.

But if it's just an extension of the old one, and you don't have a new contract, then you have a periodic tenancy, and shouldn't have to give more than one month's notice.

http://www.shelternet.org.uk

shanni

Dag, many thanks for your reply, I'm not sure if it is an extension...it's the same contract but for a different duration. I'll look at the link you provided.

MarkMarkD, It must be wonderful to be as perfect as you. OBVIOUSLY I didn't expect a better offer to come along, the landlord is trying to sell, I thought my best option was to secure the same rate whilst the sale took place and thereafter.

I will talk to him tomorrow, he's a nice guy and I've been a decent tenant so I'm hoping he'll release me. I just wanted to know where I stood.

King_David_2

I am also renting privately, and when I first moved to my address, I had no choice but to sign for six months. When that came up for renewal (August 2003), me and my girlfriend actually signed for 12 months as we were very happy with where we live (nice area, community, lovely view of the countryside from the back of the property!)

That 12 months ended in August this year, and we decided then, to go onto the rolling month to month contract. With this, I think I'm right to say I'd still need to give nearly two months notice before I could move out. (All down to rental payment dates and stuff).

You are bound by the 6 month contract. Did you go through an estate agents or is this contract just between you and the landlord? I actually went through Bradford and Bingley (now Countrywide Residential Lettings) so I have to go through them.

If he wants to sell, he might just be prepared to allow you to leave before the end of those 6 months. It might be worth asking.

Whenever possible, I'd always go on a month to month agreement, as you never know when circumstances may change. I've done this as I have a good landlord.
Obviously, there is the potential, if you have a bad landlord, for him or her to use this to get you out of his/her property more quickly.

MarkyMarkD

MarkMarkD, It must be wonderful to be as perfect as you. OBVIOUSLY I didn't expect a better offer to come along, the landlord is trying to sell, I thought my best option was to secure the same rate whilst the sale took place and thereafter.

I was answering your question, not claiming to be perfect. You entered into what looks like another 6 month contract. And you are probably legally committed to that. It seemed a good idea at the time. But it wasn't. How does that make me claiming to be perfect?

r.mac_2

Try looking at the better renting campaign website. This is a campaign to make both tenants and landlords in the private sector more aware of their respective rights and responsibilities.

It is being run by the Scottish Executive, and is Scotland specific. However, a lot of the advice is general and gives good tips and suggestions. Worth a look

https://www.betterrentingscotland.com

Good Luck :-*
Rx