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

[FreshBrew]

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

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?

It is v normal to go to monthly and as a student the flexibility is good.

I think looking for a new contract gives the opportunity to increase rent also.

Frustrated. Why do all the websites say 12 months then?

She's not a student! And that's a good point about the rent. I hadn't thought of that.

OP I believe some of the other posters are not giving accurate info because they are not taking into account that your daughter is renting in Scotland. If her tenancy agreement says nothing about the change to the term after the initial 12 months then it will renew for 12 months automatically.

What wowfudge said. However, in the real world with a flexible landlord it might be possible to give notice within the 12 month period. Depends on how easily to property could be re-let by the landlord.

The Shelter Scotland site gives all the info needed.

I have a short assured tenancy in Edinburgh - after the first year it just becomes a rolling contract - it doesn't extend for another year but extends indefinitely where the tenant may leave with 1 months notice or the landlord end the tenancy with 2 months.

It's totally standard here and is how all flats I've rented here have run. If you want a different agreement you'll need to pay for a new contract.

SunshineAndShadows- that doesn't fit in with what shelter Scotland says. Or with what wowfudge and the others are saying...

Yes it will renew on same terms. TR is a Scottish principle. The law in Scotland is very different!

I can only surmise that Sunshine's tenancy agreement is worded differently from your daughter's OP as everything else points to it renewing for 12 months unless the original tenancy agreement states otherwise.

In my experience it's normal for an SAT to have an an initial term and run month to month thereafter. The terms are normally specified in the lease. If the lease is silent on this then, if neither party gives notice, it would renew by tacit relocation on the original terms, in your daughter's case 12 months.

It is standard for short assured tenancies to state that the tenancy is for 12 months (or 6 months or whatever) and then monthly thereafter.

So unless the OPs daughter signed an original contract with a different wording from standard, this is what will happen. She needs to check her original tenancy agreement.

I can't vouch for what WowFudge etc are saying, I'm simply giving my experience of four tenancies in Edinburgh which have all operated in the same way, and incidentally it DOES tally with the Shelter information

The OP has stated the originally tenancy doesn't say anything regarding the renewal term, therefore if this is indeed correct, the renewal is for 12 months.

As a landlady, though in England, not in Scotland, I let all of my tenancy agreements go on to rolling contracts once the initial contract period is up. It saves money on both sides and changes virtually nothing.

I am no expert on Scottish law, but if the notice periods for tenant (1 month) and landlord (2 months) remain the same then why would you want to pay for another contract to be set up? What does it change or achieve? Your security remains exactly as it has always been, surely.

I am not aware that my own tenancies automatically renew for a further 12 months. They just roll on month by month, with the tenant required to give one month's notice to quit and the landlord required to give two. Much as it was when the original contract was signed. I don't know how Scottish law compares to that. There will doubtless be some differences.

Yanbu