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Thomas
Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 6375
Experience:  BA (Hons), PgDip, Practising Solicitor
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Im currently on a rolling contract with regards XXXXX XXXXX

Resolved Question:

I'm currently on a "rolling" contract with regards XXXXX XXXXX property in the UK. The original short hold assured tenancy agreement was for 12 months with a break out clause after 6 months provided I gave 2 months notice. However as the 12 month period has finished (February 2011) and I haven't signed a new lease agreement, the contract is now "rolling". My question is therefore what is my notice period on a rolling lease? My understanding is that it's 30 days, however the letting agency is saying two months which I believe is wrong.

Please can someone provide clarity on this matter for me?
Submitted: 3 years ago.
Category: UK Property Law
Expert:  Thomas replied 3 years ago.
Hi,

Thanks for your reply.

Yes, they’re wrong. You do not need to give 2 months, that’s incorrect if you pay your rent on a monthly basis.

You will see that this website explains it quite well:-
http://www.landlordzone.co.uk/notice_to_quit.htm

Any provision which purports to extend the notice period in the tenancy agreement contrary to the above is void.

If this has been useful please kindly click accept so that I may be rewarded for my time. If you do not click accept your money stays with the site and I do not receive any credit for the time I have taken to answer your question.

I will answer your follow up questions you may have.

Kind regards,


Tom
Customer: replied 3 years ago.
Hi Tom,

Thanks for getting back to me. Have looked at the link which is very helpful, hower I'm a little unclear as to when my actual end of notice date will be now.

I gave notice on the 6th July so would it be 4 weeks from that date? My rental payment date is the 1st of every month. Reading that article seems to indicate the notice period has to be on or around the rental payment date?

thanks,

Simon
Expert:  Thomas replied 3 years ago.
Simon,

The notice period must expire on the day before your rent payment day. So, if you pay your rent monthly on the 1st you would have to give a month's notice and the final day of that notice period must be the day before the 1st.

If you served your notice on 6th July then I'm afraid that I cannot see that the notice would be valid, because it would expire after the next rent period (ie. 1st August).

I think this is where the agents have got you and you will have to re-serve the notice for the following month.

Sorry it could not be better news. I trust this clarifies and should be grateful if you would click accept.

Kind regards,

Tom
Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 6375
Experience: BA (Hons), PgDip, Practising Solicitor
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