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Landlord In The Wrong?


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HOLA441

After living in Council property for a number of years this is the first time privately renting.

Our 6 month AST will come to an end on 01/07/2010; I rang my LL last week asking if we could go onto a rolling contract after that point. He said no probs but I would need to give him two months notice. I said that I was pretty sure that it should only be one months notice however he said that wasn't worth his while (allowing one month). I haven't spoken to him since. Two points; what happens when the six month AST comes to an end and what do I say to the LL when he insists that I need to give 2 months notice on a rolling contract?

Thank you.

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HOLA442

Dunno but I can't see why 2 months is a major problem. Is it worth the hassle of moving just to get yourself a one month notice elsewhere? Also, move somewhere new and you'll be locked in for another 6 or 12 months anyway.

Not sure what happens at the end, I would assume you need a new contract or duplicate letters signed by both parties agreeing to go rolling and otherwise the original terms still apply. My last place, when I extended I actually extended for another year (unfortunately thats what the LL wanted) and it only took a letter like this.

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HOLA443

After living in Council property for a number of years this is the first time privately renting.

Our 6 month AST will come to an end on 01/07/2010; I rang my LL last week asking if we could go onto a rolling contract after that point. He said no probs but I would need to give him two months notice. I said that I was pretty sure that it should only be one months notice however he said that wasn't worth his while (allowing one month). I haven't spoken to him since. Two points; what happens when the six month AST comes to an end and what do I say to the LL when he insists that I need to give 2 months notice on a rolling contract?

Thank you.

You smile and say "okay" and then do what you want. The law states that he has to give you 2 months and you have to give him one month.

In any case, out of politeness, I tend to give my landlords as much notice as possible.

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HOLA444

You smile and say "okay" and then do what you want. The law states that he has to give you 2 months and you have to give him one month.

In any case, out of politeness, I tend to give my landlords as much notice as possible.

Yes, but if this landlord forces this tenant to sign up to a new lease with the two month notice period, there's not a lot he can do, is there?

Other than ignore it when the time comes, and let the deposit serve as the last month's rent (though deposits are generally 6 weeks' worth of rent these days).

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HOLA445
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HOLA446

After living in Council property for a number of years this is the first time privately renting.

Our 6 month AST will come to an end on 01/07/2010; I rang my LL last week asking if we could go onto a rolling contract after that point. He said no probs but I would need to give him two months notice. I said that I was pretty sure that it should only be one months notice however he said that wasn't worth his while (allowing one month). I haven't spoken to him since. Two points; what happens when the six month AST comes to an end and what do I say to the LL when he insists that I need to give 2 months notice on a rolling contract?

Thank you.

It automatically becomes a rolling contract if you do nothing. Often landlords or their agents will try and get you to sign a new 6 month or 1 year contract and charge you for it.

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HOLA447

Yes, but if this landlord forces this tenant to sign up to a new lease with the two month notice period, there's not a lot he can do, is there?

Other than ignore it when the time comes, and let the deposit serve as the last month's rent (though deposits are generally 6 weeks' worth of rent these days).

I could be wrong, but I do not believe that 2 months would be enforceable, hence the "it doesn't matter a jot."

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HOLA449

I have been in private rented accommodation since selling in 2006, every landlord has allowed it to go to rolling term contract which required them to give us two months notice to quit and for us to give one months notice to quit, this is standard practice for the letting industry unless your landlord is a "special person"!

How many years has your landlord been renting out houses for? You might also want to ask previous tenants too!

We finally found a house to buy but were only looking because the landlord in Switzerland has decided to sell this one, we have had to allow at least three viewings per week with a minimum of twenty four hours notice from the estate agents! Great fun with four cats and two kids!

Good luck with your landlord.

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HOLA4410

I have been in private rented accommodation since selling in 2006, every landlord has allowed it to go to rolling term contract which required them to give us two months notice to quit and for us to give one months notice to quit, this is standard practice for the letting industry unless your landlord is a "special person"!

How many years has your landlord been renting out houses for? You might also want to ask previous tenants too!

We finally found a house to buy but were only looking because the landlord in Switzerland has decided to sell this one, we have had to allow at least three viewings per week with a minimum of twenty four hours notice from the estate agents! Great fun with four cats and two kids!

Good luck with your landlord.

Thank you everyone for your advice, it as I had suspected (insomuch that i'll do nothing and allow it to automatically default to a rolling contract).

The LL is a decent enough bloke although I don't think he's the brightest spark hence his insistence on the two-month point (it's thanks to HPC and this sub-forum that I suspected he was in the wrong) which he should have known was ******. I don't know how many years he's been at this game nor how many properties he has although I suspect it is his mother who is the 'brains' (if you will) behind the operation.

In response to Rolf, i'd prefer just to give one month's notice at it gives us more flexibility when we do decide to buy; as that is definitely on our horizon if something affordable came along.

In summary, I won't rock the boat with the LL and let him think that he's got his own way; go onto a rolling contract and then surprise him with the one month notice as and when required. Oh, and to back up my previous point, he had no idea that the 6 month AST was coming to an end when I informed him.

Again, thanks all.

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