What Happens After The Tenancy Term Expires?

[blondebier]

Hi Guys,

Quick question: We have rented our house for almost a year now. We signed a 12 month tenancy agreement until the 15th November 2005. What happens on the 16th? (If I don't hear anything from the landlord between now and then are we able to continue renting it without signing a new agreement or does he have the right to boot us out on the 16th?)

I thought I read somewhere that after the tenency term expires we would have to provide 1 months notice.

I'd appreciate it if someone could just clarify this for me.

Cheers.

[Mr Crunch]

If you are still there on the 16 November you will have automatically entered into a periodic tenacy, the terms of your previous agreement will remain in effect (excluding any clause regarding notice you must give).

If you pay your rent monthly you would have to give notice of one month to leave, your landlord must give you at least 2 months notice if he wants you to leave.

[blondebier]

Thanks Mr Crunch.

[MrShed]

Just to briefly add to what Mr Crunch said, as some of it could lead to confusion. You do not have to give any notice whatsoever if you leave on the final day of the fixed term. Only if you stay after the fixed term do you have to give a month notice. Of course, it is prudent to tell the landlord you are leaving, just to maintain an amicable relationship. If the landlord has not served with a Section 21 at least 2 months prior to the final day of the fixed term, then he cannot force you to leave on this day, and even if he has he still cannot, as he would have to go through the courts accelerated procedure to gain evicition.