Reply to: flat lease - rolling monthly

[KimberleyChris]

Essentially then you are saying that the tenancy period that comes into existence with the spt will be governed by the frequency of rental payments in the prior AST. I now agree with that. (I had always read 5.3.(e) differently - and wrongly ).

So in terms of the OPs original question, if he hasn't signed another AST then he can give 1 months notice based on start/end of rental period. If he has signed another AST he will be bound by whatever is in that.

True, if there is no 'break clause'.
If he simply does nothing, and continues paying his rent, then the tenancy will just 'roll'. That's the difference between an 'assured shorthold' and a simple 'shorthold', which is intended for people who rent-out their own residence while they are away, but will definitely need it to live in again at the end of the term.

An assured shorthold does not automatically 'chop' at the end... it ends either by mutual consent, or when a Judge says it ends.

The 'Shelter' website is a very good mine for this type of info.

[ASB]

The actual tenancy agreement defines if, when and how much notice a tenant can or must give during the tenancy.

If it's become a statutory periodic tenancy then the period is the period of the rental payments under the original agreement, as per housing act 1988. The other terms of the tenancy are as per the original agreement so if that required one months notice to end at the end of a rental period then that is what is required. The statutory minimum requirement for a notice to quit is 4 weeks. I haven't seen anything in the various acts that requires a longer period or a specific end date. The reasoning seems to be that as you will need to pay the rent for the period you may as well make the end date the end of the period you have paid for, although it may not strictly be required by the contract.

Essentially then you are saying that the tenancy period that comes into existence with the spt will be governed by the frequency of rental payments in the prior AST. I now agree with that. (I had always read 5.3.(e) differently - and wrongly ).

So in terms of the OPs original question, if he hasn't signed another AST then he can give 1 months notice based on start/end of rental period. If he has signed another AST he will be bound by whatever is in that.

[KimberleyChris]

i signed 6month lease longtime ago,
since then it has been renewed 3times...
im looking for a new job and asked agency to put me on rolling monthly but they insist that it has to be 6month again ...

electrician told me to ignore what they say and i have right to leave with 1 month after living here for 1+ year ... is thats correct?

If you have the usual assured shorthold tenancy, then just keep paying your rent. The landlord will then need a Reposession Order from the court to get you out, but if you are up-to-date on the rent and have not broken any other rules, then it is unlikely that he will get one, as there are no 'grounds' as the law puts it.

If the Landlord 'refuses' your rent, then pay it to a proper third party instead to hold. The CAB will sort this for you.

As other contributors have correctly stated, the landlord has to give you two month's notice, but you only have to give him one month.

If you just up and leave with no notice, then the Landlord will probably apply to withhold one month's rent out of your deposit.

[Dearnla]

i signed 6month lease longtime ago,
since then it has been renewed 3times...
im looking for a new job and asked agency to put me on rolling monthly but they insist that it has to be 6month again ...

electrician told me to ignore what they say and i have right to leave with 1 month after living here for 1+ year ... is thats correct?

Or you could RTFM instead of asking us ill-informed amateurs?

No, hang on - wait until someone gives you the answer you want, then take that as gospel.

[doodab]

Agree. But the question is surely the notice the tenant may provide? My belief (possibly erroneous) was that this had to end on a period based on the original tenancy period unless there was anything to the contrary.

The actual tenancy agreement defines if, when and how much notice a tenant can or must give during the tenancy.

If it's become a statutory periodic tenancy then the period is the period of the rental payments under the original agreement, as per housing act 1988. The other terms of the tenancy are as per the original agreement so if that required one months notice to end at the end of a rental period then that is what is required. The statutory minimum requirement for a notice to quit is 4 weeks. I haven't seen anything in the various acts that requires a longer period or a specific end date. The reasoning seems to be that as you will need to pay the rent for the period you may as well make the end date the end of the period you have paid for, although it may not strictly be required by the contract.

[ASB]

The tennant can leave on the last day of the ast with no notice. If no new agreement is signed and the tenant remains in the property beyond the expiry date of the ast he will need to give one months notice from the rent payment date.

Since no agreement was signed then it becomes a statutory periodic tenancy. In direct support of your view:-

Ending a tenancy - private renting : Directgov - Home and community

You can end a periodic tenancy (a rolling tenancy when a set term ends) by giving notice at the end of a rent period (at the end of a week or month). You can find details on how to end your tenancy in your tenancy agreement. You can also ask your landlord how to end your tenancy.

From the CAB it is less clear cut:-

and the tenant should submit a notice to quit as described below:-
• be in writing; and
• be for at least 28 days (or, if the tenancy is one in which the rent is paid at longer intervals than this, for example, every three months, the notice should be for that period); and
• expire on the last day or the first day of a complete period of the tenancy, for example, if the first day of a period of a weekly tenancy is a Friday, the notice to quit must expire on a Thursday or a Friday. If a monthly tenancy began on the 20th of the month, the notice to quit must expire on the 19th or 20th of the month. Although the first day of a period of the tenancy may be the same day as the rent is paid, this is not always the case, for example, a weekly tenancy may have started on a Thursday, but the rent day be agreed as the Monday.

Whilst the examples cite only weekly and monthly examples surely the key is the period of the tenancy. Why would this change from the period originally stipulated in the AST? Though the rent may be paid monthly this doesn't make it a monthly tenancy since rent periods and tenancy periods are different things.

A little searching does turn up quite a few examples and it certainly does seem to be a bone of contention.

In any event the point is quite probably moot since the OP does state it has been renewed 3 times, this kind of implies he has signed a new tenancy agreement each time in which case they will be bound by that.

[bingobob]

Agree. But the question is surely the notice the tenant may provide? My belief (possibly erroneous) was that this had to end on a period based on the original tenancy period unless there was anything to the contrary.

The tennant can leave on the last day of the ast with no notice. If no new agreement is signed and the tenant remains in the property beyond the expiry date of the ast he will need to give one months notice from the rent payment date.

[ASB]

If the agreement mentions continuation as a periodic tenancy after the fixed term you have a contractual periodic tenancy. Otherwise you end up with a statutory periodic tenancy. Either way the landlord is required to serve you a minimum 2 months notice.

Agree. But the question is surely the notice the tenant may provide? My belief (possibly erroneous) was that this had to end on a period based on the original tenancy period unless there was anything to the contrary.

[doodab]

Only if the AST was written that way in the first place surely I thought the automatic conversion into a period tenancy was on the same periods as the original AST (min 6 months obviously though landlord can give 2 months if they can show any one of the many grounds)

If the agreement mentions continuation as a periodic tenancy after the fixed term you have a contractual periodic tenancy. Otherwise you end up with a statutory periodic tenancy. Either way the landlord is required to serve you a minimum 2 months notice.

[Paddy]

i signed 6month lease longtime ago,
since then it has been renewed 3times...
im looking for a new job and asked agency to put me on rolling monthly but they insist that it has to be 6month again ...

electrician told me to ignore what they say and i have right to leave with 1 month after living here for 1+ year ... is thats correct?

Did your solicitor do the rewiring?

[ASB]

If you allow the assured shorthold tenancy to lapse once it has expired you will automatically roll onto a periodic tenancy which will mean that you will be able to give one months notice to quit and your landlord can give you two motnhs notice to quit.

Only if the AST was written that way in the first place surely I thought the automatic conversion into a period tenancy was on the same periods as the original AST (min 6 months obviously though landlord can give 2 months if they can show any one of the many grounds)

[ASB]

I assume it's an Assured Shorthold Tenancy. The terms it has been extended on will be in the agreement that you signed when it was extended. If you din't sign a new one then the original is unchanged (save for it becomes a Statutory Periodic Asssured Shorthold Tenancy).

If you want a rolling 1 month contract that is between you and the landlord and you need to agree this (given you are currently "locked in" to what remains of the 6 month extendable period they would be pretty odd to do it now). However some ASTs I have seen would have a 2 month notice period.

You can try and negotiate harder come its expiry, but IMV the landlord would be very reluctant to change anything save for agreeing a notice period.

[doodab]

i signed 6month lease longtime ago,
since then it has been renewed 3times...
im looking for a new job and asked agency to put me on rolling monthly but they insist that it has to be 6month again ...

electrician told me to ignore what they say and i have right to leave with 1 month after living here for 1+ year ... is thats correct?

Tell them to stick it and see what they say then.

[bingobob]

i signed 6month lease longtime ago,
since then it has been renewed 3times...
im looking for a new job and asked agency to put me on rolling monthly but they insist that it has to be 6month again ...

electrician told me to ignore what they say and i have right to leave with 1 month after living here for 1+ year ... is thats correct?

You mentioned that you have signed a lease, this will no doubt be an assured shorthold tenancy and you will not be able to move out ahead of the termination date of this lease without risking penalties. If you allow the assured shorthold tenancy to lapse once it has expired you will automatically roll onto a periodic tenancy which will mean that you will be able to give one months notice to quit and your landlord can give you two motnhs notice to quit. Note the notice is effective from the next rental payment date, so if you pay your rent on the 1st of the month and you give your notice on the 2nd you will effectively have to give 2 months notice.

[Mich the Tester]

Of course its right, I always ask random tradesmen when i need advise of a legal nature

To be fair, random tradesmen might know more about it than the shower of loons in CUK General.