6month lease now rolling contract

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  • 6month lease now rolling contract

    Hi new to this bit of the forum.

    My son signed a six month lease and its due to finish on Monday. He has been calling the Landlord to ask him to take the final meter readings etc.

    The Landlord has stated that although the lease states 6 months it is a rolling lease unless the tenant gives a months notice in writing.

    My son has read the lease and can't find anything in the Lease which states anything like that.

    Is the landlord pulling a fast one?but is

  • #2
    Provided that the tenant leaves on or before the last day of the fixed term of his AST, in law he is not required to give any form of notice. If he stays one minute after midnight of the last day of his lease, it becomes statutory periodic and can, in theory, run on for ever. Under these circumstances the tenant must give is landlord one month's notice that he intends to leave and his landlord must give at least two months. This notice should end on a "rent day" which is the day on which rent is normally due.

    P.P.
    Any information given in this post is based on my personal experience as a landlord, what I have learned from this and other boards and elsewhere. It is not to be relied on. Definitive advice is only available from a Solicitor or other appropriately qualified person.

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    • #3
      Originally posted by P.Pilcher View Post
      This notice should end on a "rent day" which is the day on which rent is normally due.

      P.P.
      No, the rental periods in a periodic tenancy are defined by the frequency of rental payments, and begin on the day after the fixed term expires. Occasionally, this may not coincide with when rent is due, for example, when rent is due on the 1st of the month, but the fixed term began/ended mid-month.

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      • #4
        If he leaves before the six months are up then that is ok roll beyond that then look at the previous replies.But it is polite to give one months notice not leave it to the last.

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        • #5
          Hi

          This thread is of great use to me. I am currently running to the end of a six month rolling contract in a property in Scotland which ends at the beginning of July and after having a conversation with the letting agency i was informed i required 2 months notice, of which i only given roughly 1 month.

          I was wondering if anyone could enlighten me on my following concerns before i make my next move.

          Is it a different issue when letting agencies are involved? Is written notification of endling lease required? Can the deposit be held from tennants who have not given sufficient notice in the eyes of the letting company?

          Ultimately, are we all in agreement that i am within in my right to walk away at the end date of the proposed 6 month lease?

          Any help would be greatly appreciately, it's all a bit stressful.

          Thanks.

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          • #6
            Originally posted by teddyduchamp View Post
            Hi

            This thread is of great use to me. I am currently running to the end of a six month rolling contract in a property in Scotland which ends at the beginning of July and after having a conversation with the letting agency i was informed i required 2 months notice, of which i only given roughly 1 month.
            Sorry - Scottish law is different and there isn't really anyone on this forum qualified to tell you about the legal position north of the border.

            Try Shelter Scotland's website? http://scotland.shelter.org.uk/getad...renting_rights
            'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

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            • #7
              As a landlord in Scotland -- I believe the theory of tacit relocation comes into play (under common law therefore does not require to be specified in lease), whereby a lease is construed to "roll" for another 6 months unless sufficient notice is given bfore the end of the lease. I'm no solicitor, however...

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              • #8
                Teddy, rebecca

                Welcome both to LLZ...


                - better these discussions on the Scottish board...

                http://www.landlordzone.co.uk/forums...p-Legal-Issues

                Guess teddy has been 'n gorn....
                I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

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