My rental agreement expired on 31 August last year but I have continued living in the accommodation. Can anyone tell me, please, what the legal position is, ie, am I and the landlord still bound by the terms of the agreement?
2007-02-28 05:05:01 · 11 answers · asked by Graham P 1 in Business & Finance ➔ Renting & Real Estate
If there is no formal signed contract, then no, you and your landlord aren't legally bound by the terms of the original agreement. Assuming you are still paying rent on the property, and you wish to continue staying there, you need to get another rental agreement written up. This is to protect both parties from legal action, so its in your best interest.
2007-02-28 05:10:04 · answer #1 · answered by Audrey A 6 · 1⤊ 1⤋
Your lease expired on 8/31. It reverted to a month to month with all the rules and conditions of the original lease intact (with the exception of rent amount and amount of time you have to stay there). The only difference is you are not locked into having to stay there for 1 yr. (if that was your lease term) You have the option of giving a 30 day notice to move and the landlord only has to give you 30 day notice to move.
However your rent amount is not locked in. As a month to month tenant, your landlord can give you 30 day notice of his intent to raise the rent. You either pay it or give your 30 day notice to move
2007-02-28 13:34:37 · answer #2 · answered by kimmamarie 5 · 1⤊ 0⤋
No you are not bound by the old agreement, you are now under what is called a month to month lease, whereby either the landlord or you can vacate the premises by giving each other a month's notice and there will be no penalties or breaking of the lease as there is no lease in effect.
2007-02-28 13:11:24 · answer #3 · answered by Akbar B 6 · 1⤊ 1⤋
I assume this is a short-term tenancy so technically it has expired. YOur landlord has continued to take the rent I assume and he/she can give you notice to quit as stated in the contract, but I would expect that to be two months notice on his side or one month on your side of the agreement.
There is no security of tenure if you stay longer. You can be served notice to quit and given a period to go, then the legal step would be for landlord to seek to evict you, which would almost certainly be granted.
You can ask your local fair rent office, look it up in the local BT phonebook or otherwise you can ask your CAB for advice.
Good luck, I was in the same position earlier this year, but offered to pay more rent and have been able to stay on short-term
2007-02-28 13:12:53 · answer #4 · answered by kenjinuk 5 · 0⤊ 1⤋
im not sure where you are but my understanding in england is that you cannot be bound by an agreement which has expired.
i do not think your living there constitutes a legal binding to adhere to the terms of an expired agreement
2007-02-28 13:40:59 · answer #5 · answered by Paul 2 · 1⤊ 0⤋
You or your landlord are required to give each other two months notice in writing of your respective intentions. Otherwise the tenancy reverts to a periodic tenancy and continues from month to month unless terminated by either party after the statutory notice period has expired. Have you been paying the rent and what is the landlords intention with regard to your continued occupation of the property.The original terms of the agreement are still binding on both parties provided you are not in arrears with the rent.I am assuming you are resident in UK.
2007-02-28 13:19:19 · answer #6 · answered by DEREK M 3 · 0⤊ 3⤋
I can only tell you how it is where I live and that`s Quebec. If you`ve continued to live there without renewing your lease then you are considered to have a verbal lease. The only difference there is is that if you pay monthly your landlord only has to give you 1 month notice of any changes and you have to give him 1 month if you intend to move. If you pay weekly you have to give him 1 week etc.
2007-02-28 13:13:17 · answer #7 · answered by Hamish 7 · 0⤊ 0⤋
Here in the US an expired rental agreement is renewed month to month by the payment and acceptence of rent. In otherword when you pay and they accept you are implying that you agree to abide by the terms and conditions of the orginal contract.
If you're looking to move out it is best to give your landlord notice, accroding to what is stated in your rental agreement. And they are still accountable for upkeep of the physical property as it states in the orginal agreement.
2007-02-28 13:18:50 · answer #8 · answered by Mandy43110 4 · 1⤊ 2⤋
the contract has expired therefore there is no agreement.
You are now on a month to month rental, but the only legal
footing on both ends would be a 30day notice to move out or
to be asked to move out.....
Although he does have to maintain the roof, so you don't get leaks
in your house. the plumbing so you have cold and hot water.
the heat and aircondition due to health reasons......and so forth
2007-02-28 13:49:49 · answer #9 · answered by isageegee 4 · 0⤊ 0⤋
Yes because it will propbably say in the event of no agreement being renewed the original one will be ok to use.
2007-02-28 14:11:34 · answer #10 · answered by Anonymous · 0⤊ 0⤋