Rolling Tenancy Argeements?

[dzaster]

Quick question for anybody.... With regard to our tenancy in private rented accommadation, do we have to abide by the 2 month termination notice as originally stated in the 6th month assured shorthold tenancy agreement that ran out 6 months ago.

Thanks

DZ

[watccoe75]

Off the top of my head I would say no, but please get a second opinion from someone like Shelter or your local council's private tenancy team. Shelter's no is 0808 800 4444 (freephone).

[angier]

I think that you do. It depends on whether you have an assured shorthold tenancy which becomes periodic once the initial fixed term has run out.

[Jhawc24]

I'm in the same position, and have already got a reply from Shelter. Once the six months is up you only need to give one months notice. If you pay on the same date every calender month then your notice needs to end on the day the rents due or the day before. The landlord still has to give you two months notice to end the agreement. If you want me to email the reply I got from shelter then PM me with your email address.
Regards Joan.

[Nightmare4banks]

dzaster,in reply to your question and to add on further what others have mentioned:

1.You need to your landlord 1 month notice only.

2.If your landlord wants to evict you he must give you 2 months notice.

3.In the case of your landlord wanting to evict you - You can only be evicted with a court order should you remain in the property once the 2 months notice lapses.
However,due to the fact that you have an Assured Shorthold Tenancy the judge would grant an absolute possession order in favour of the landlord.

[zenith69uk]

Not necessarily true, it will tell you in the contract that both you and the landlord/agent signed (which you should both hold copies of) what the terms of the assured tenancy are.

In Scotland both parties are equally protected, ie

"if the agreement is not brought to an end by either party on the above date (ie after 6 months), it will continue therefore on a monthly basis until terminated by either party giving no less than 2 months notice to the other party."

Hope this helps.

[dzaster]

Thanks for all your info guys, sorry for the delay in replying. Thats a great weight lifted.. Thanks again all