Notice Period - lease w/o contract

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  • Notice Period - lease w/o contract

    Hi - We originally took these premises under a contract for a term of 1yr. That term has now expired. Despite repeated requests we have never received a new contract from our Landlord. We have however continued to live in the property and pay rent. It is now a year and 3 mths since the end of the original contract. We now wish to quit the premises as the area has steadily gone down hill. How much notice must we serve on our Landlord? And what is the best way to go about this? We have always maintained an amiable relationship. When the contract expired a year and 3mths ago he seemed very nonplussed by the fact that a new contract was never entered into.
    Any help would be most appreciated.
    Thanks in advance.

  • #2
    You have passed into a periodic tenancy, all the conditions of your AST hold good except that now you only have to give one months notice, timed to end at the end of a monthly period. If your LL gave you notice he would have to give you two months.
    I offer no guarantee that anything I say is correct. wysiwyg

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    • #3
      OP doesn't say if it's residential premises.
      The advice I give should not be construed as a definitive answer, and is without prejudice or liability. You are advised to consult a specialist solicitor or other person of equal legal standing.

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      • #4
        Originally posted by Monty1234 View Post
        We have however continued to live in the property and pay rent.
        so, most likely resi

        Originally posted by Monty1234 View Post
        It is now a year and 3 mths since the end of the original contract. ...... How much notice must we serve on our Landlord?
        as per Jta's reply, one month to end with the monthly period

        Originally posted by Monty1234 View Post
        And what is the best way to go about this?
        In writing, recorded delivery, keep a copy.

        A normal AST continues into a statutory periodic tenancy after the initial term, without the need to sign a new contract. As it turns out, better for you in this case as you are not tied into a new fixed term

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