K1874M Posted January 23, 2008 Share Posted January 23, 2008 I was on a 6 month contract which ended 2 months ago, since then its just been a rolling month to month contract with out me signing any thing. What notice would I have to give, the land lords saying 2 months but I'm dubious. Reason I'm asking is my mate has bought a new pad offered me his old one to rent but things need to move quickly. Any help appreciated. Link to comment Share on other sites More sharing options...
Sharky999 Posted January 23, 2008 Share Posted January 23, 2008 Imho, with no legal experience, since you have no contract and have not signed one, i would think you could leave whenever you want, you would only be tied to exit fees if you want to leave the contract early. Was the rolling contract a verbal agreement if so then its your landlords fault and not worth anything apart from upsetting him/her, remember he could have done the same to you seeing as there is no written agreement Link to comment Share on other sites More sharing options...
Craig_ Posted January 23, 2008 Share Posted January 23, 2008 Not been in this situation for a while, but as far as I remember it's a month's notice for either party, so your landlord's taking the p*** as far as I can make out. This absurdly long and complicated site might help you: http://www.scotland.gov.uk/housing/leaflets/atsy-00.asp Which seems to say that it's only ever more than a month if previously agreed. Link to comment Share on other sites More sharing options...
GforGallo Posted January 23, 2008 Share Posted January 23, 2008 i kno this is probably not to helpful, but in belgium its 2 months Link to comment Share on other sites More sharing options...
K1874M Posted January 23, 2008 Author Share Posted January 23, 2008 Cheers guys... the initial contract was for 6 months but nothing has been signed since I started the 6 month contract 8 months ago. Bonza! Going to call him today..... Link to comment Share on other sites More sharing options...
K1874M Posted January 23, 2008 Author Share Posted January 23, 2008 i kno this is probably not to helpful, but in belgium its 2 months hehe, sound. I'll keep that in mind next time I'm renting in Belgium. Link to comment Share on other sites More sharing options...
JamboJimmyB Posted January 23, 2008 Share Posted January 23, 2008 If the system is the same as in the Engalnd your are effectively 'holding over'. In the original lease there should be a notice provision this will also apply during the holding over period. If you had to provide 2 months notice at the end of the six months agreement then this probably still applies. If the landlord is holding a rent deposit you are in a weak position. Please note I am not a lawyer and this is only a personal opinion. Link to comment Share on other sites More sharing options...
trotter Posted January 23, 2008 Share Posted January 23, 2008 I am in exactly the same situ---6 months is up in April then its one month rolling contract- was told that if i want to stay dont do anything..if i want to leave, give a months notice. HTH Link to comment Share on other sites More sharing options...
K1874M Posted January 23, 2008 Author Share Posted January 23, 2008 Sorted tolf him JKB said other wise.... Nah didn't really, just used a bit of info I had stored, he was wanting to decorate when I moved in but I told him it was fine, I just explained this is a good time for that decorating and he's agreed to 5 weeks. which take me up to end of next month so all works out well. Link to comment Share on other sites More sharing options...
eoin999 Posted January 23, 2008 Share Posted January 23, 2008 I am a fourth year law student. You need to check your lease but most six month tenancy agreements in Scotland since 1989 are what is known as a short assured tenancy (this will be mentioned in your lease). When the tenancy expires without either party giving notice to quit, the tenancy is automatically renewed for the same period (up to one year) as originally (i.e. six months in your case) unless otherwise provided for in the lease. If it is stated in your lease that the notice period is two months then unfortunately this is what you will have to give. If the lease says nothing on the matter you still need to give 28 days notice to quit a property being let on a month by month basis. Link to comment Share on other sites More sharing options...
K1874M Posted January 23, 2008 Author Share Posted January 23, 2008 I am a fourth year law student. You need to check your lease but most six month tenancy agreements in Scotland since 1989 are what is known as a short assured tenancy (this will be mentioned in your lease). When the tenancy expires without either party giving notice to quit, the tenancy is automatically renewed for the same period (up to one year) as originally (i.e. six months in your case) unless otherwise provided for in the lease. If it is stated in your lease that the notice period is two months then unfortunately this is what you will have to give. If the lease says nothing on the matter you still need to give 28 days notice to quit a property being let on a month by month basis. Thanks for your help mate, alls sorted now. Link to comment Share on other sites More sharing options...
grumpyjambo Posted January 23, 2008 Share Posted January 23, 2008 I am a fourth year law student. You need to check your lease but most six month tenancy agreements in Scotland since 1989 are what is known as a short assured tenancy (this will be mentioned in your lease). When the tenancy expires without either party giving notice to quit, the tenancy is automatically renewed for the same period (up to one year) as originally (i.e. six months in your case) unless otherwise provided for in the lease. If it is stated in your lease that the notice period is two months then unfortunately this is what you will have to give. If the lease says nothing on the matter you still need to give 28 days notice to quit a property being let on a month by month basis. No wonder I could not understand your post!!!! Link to comment Share on other sites More sharing options...
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