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AIBU to ask you to clarify something about a tenancy agreement?

(40 Posts)
FreshBrew Sun 04-Jan-15 21:18:05

My daughter is currently living in Edinburgh and her tenancy agreement is about to expire in early February. Her landlord has told her there is no need to sign a new one because if nobody issues a notice, then the old one just extends itself automatically

Forgive my ignorance but I've never heard of this happening before blush

Is it true that the tendency would renew itself and there would be no need to sign a new one? Is any additional documentation required? Also, does the tenancy renew itself for the same period as the original one (ie; one year) or on a rolling basis?

loudarts Sun 04-Jan-15 21:20:03

It will automatically convert to a rolling tenancy I believe as long as notice has not been given on either side

PolterGoose Sun 04-Jan-15 21:21:56

Message withdrawn at poster's request.

FreshBrew Sun 04-Jan-15 21:23:41

So it will renew itself for another year? Or will it become a monthly thing? I think there's more security in it being renewed for a year.

If my daughter wants it renewed for another year, will she need to sign another contract?

Tillyscoutsmum Sun 04-Jan-15 21:28:04

Assuming the tenancy is held under the same laws as in England (usually the Housing Act 1988), the tenancy will continue until either the landlord serves 2 months notice or until the tenant serves 1 months notice

Anticyclone Sun 04-Jan-15 21:29:02

It will become what is called a "statutory periodic tenancy".

It will allow the tenancy to continue indefinitely under the original terms if the contract. You are right in that is offers less security of tenure, as a landlord could evict within 2 months, but it also allows more flexibility for the tenant to leave at short notice as well.

However, if both tenant and landlord are happy the tenancy could continue like this for years,with no need for constant renewal of contracts etc, which the tenant is often charged for.

Tillyscoutsmum Sun 04-Jan-15 21:29:29

And yes, if she wants the "security" of another year certain and the landlord is willing to do so, then a new agreement will have to be signed (and relevant costs incurred).

FreshBrew Sun 04-Jan-15 21:29:36

It says in the OP she lives in Edinburgh. So Scottish laws apply.

FreshBrew Sun 04-Jan-15 21:32:57

Ah I see, thanks for clarifying everyone.

I read some of the information on the link below and wrongly assumed it would renew for another year-

"f neither you nor your landlord has given notice, your tenancy will renew itself. This will be for the same length of time, unless your tenancy agreement says that it will be for a different period."

scotland.shelter.org.uk/get_advice/advice_topics/renting_rights/renting_from_a_private_landlord/short_assured_tenancies

FreshBrew Sun 04-Jan-15 21:34:23

Anticyclone, even in the original tenancy landlord had a clause to issue notice within two months. So that doesn't change

FreshBrew Sun 04-Jan-15 21:48:38

I'm basically confused about [notice periods aside] whether this will renew for another 12 months or on a month to month basis.

caroldecker Sun 04-Jan-15 21:49:02

He had to give 2 months notice, but could not until after 10 months (so total tenancy period is minimum of 12 months. After this, then he can give 2 months notice, so less secure. However, your DD can now leave with only giving a months notice, so more flexible.
A new agreement is often charged for, so it would depend how important it is for your DD.

FreshBrew Sun 04-Jan-15 21:51:55

But if ghe contract has renewed itself for another 12 months then surely the same will apply? That's why I'm trying to understand how long the contract has renewed itself for,

RubyReins Sun 04-Jan-15 21:58:40

I am not a Scots property or housing lawyer but as I recall from lectures this is the principle of tacit relocation. Google that term for more information - there's lots on it. Hope that helps.

FreshBrew Sun 04-Jan-15 21:58:54

It would have been easier if this had all been specified in the tenancy document, but it isn't.

NekoChan Sun 04-Jan-15 22:00:05

The contract doesn't renew for another year, it just becomes an ongoing agreement with the same terms but either party can terminate it at any time by giving notice (1 mth if tenant; 2 if landlord).

FreshBrew Sun 04-Jan-15 22:03:28

Ok, now I'm very confused. Because I googled tacit relocation as a pp had advised and that term clearly explains that the tenancy does renew for another year.

FreshBrew Sun 04-Jan-15 22:04:04

Perhaps a lot of people are advising according to English law and hence the confusion?

FreshBrew Sun 04-Jan-15 22:05:12

And what is an "ongoing agreement with the same terms"? Surely the "same terms" also include the same tenancy length?

TheHermitCrab Sun 04-Jan-15 22:06:02

I always move onto a "rolling tenancy" after my first year. The usual 4 weeks/8 weeks notice applies and all the same rules.

If she insists she needs to stay a specific amount of time then she can try and convince him to do another 12m contract, but really the same notice periods apply so it's a bit pointless.

PolterGoose Sun 04-Jan-15 22:07:42

Message withdrawn at poster's request.

wowfudge Sun 04-Jan-15 22:08:10

The link to Shelter for Scottish tenancies answers this question, however what does your daughter's original tenancy agreement state on this? Without knowing this information no one posting here can answer your question accurately.

FreshBrew Sun 04-Jan-15 22:12:57

Nothing- it doesn't specify how long tenancy will renew for. Just says the to terminate either side has to give notice of 2/1 month.

FreshBrew Sun 04-Jan-15 22:13:47

But it's a short assured tenancy under Scottish law.

londonrach Sun 04-Jan-15 22:15:21

Rolling contract. Was on one for two years. Loved it as more flexible on a rolling contract. I think the notice period becomes a month but dont quote me on that. Talk to cab if worried.

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