How much notice do you need to give if your tennancy agreement has expired?

Question

My friends agreement ran out last year, and has been living there without a contract since. Now she is trying to move, the landlord won't give her a reference because he says she is tied in until august. Help!

Answer 1

Double check the wording on the lease. See if the 1 yr lease renews itself or does it revert to a month to month.
1. If it renews itself, it means your friend did not give notice that she did not want to renew the existing lease and the lease renewed itself, making it another 1 yr lease. He can hold her to this lease in this event.
He cannot hold her to August if:
2. If it reverts to a month to month, then she can give a 30 day notice to move.
3. If there are NO provisions in the lease for renewal then it automatically reverts to month to month. She can leave in 30 days.
He cannot withhold her security deposit for breaking the lease in #2 & 3. He can in #1.

If she CAN move in 30 days, take picture of every wall, floor, ceiling, appliances, etc to show its condition. Have that days newspaper in each picture showing the date. Have her do a walk through with the landlord at the time she hands over the keys. Make sure she gets a signed copy of the walk through conditions right then and there. Dont let her leave without it.
This way, the landlord cannot play games with her or her deposit. Dont tell the LL you took the pictures. Use them only if needed, such as if your friend has to take the LL to court.

Answer 2

You normally need to give two months notice prior to the end of a shorthold tenancy agreement if you want move out or renew the agreement. However if the tenancy agreement has expired the onus is on the landlord to get you to sign a new one, legally they cannot force you to do anything, it doesn't automatically renew itself. However you can't force the landlord to give you a reference either if he wants to be pig headed about it.

Answer 3

The standard notice period is 1 month. The landlord can't just kick you out of your house (contract or no contract) and the tenant can't just leave. A notice period of 1 month is the norm in the UK I believe.

What the landlord says about August is just not true. If he would have wanted to enforce that, he should have made sure a new contract was signed.

If you expect trouble getting your deposit back, just don't pay the last month(s) of rent.

Good luck!

CK

Answer 4

depends on where you live, you can find some information online but your best bet is to speak to someone in real estate /rental business in the area where i live.

Typical notice once you go month to month is 30 days. (i.e. the day before rent would be due, you tell your landlord you are moving before the next rent check is due).

It doesn't sound like any answer you get is going to get your friend a good reference from the landlord.

Answer 5

Most rental agreements automatically change to month-to-month once they expire. Then your friend would be required to give 30 days notice, in writing.

Answer 6

30-days would be nice, but not required. If there is no agreement in place, she could move out today legally. He's just being a jerk to not give her a reference.

Answer 7

Think it should say in the tenancy agreement. If not then there probably isn't one. Mine is 1 month.

Answer 8

you can move whenever, and the landlord is not required to give a reference. that would be a favor. have your friend look at her lease, some are "automatic renewal".

Answer 9

Tell your friend to go to the citizens advice & take tenancy agreement.They will tell her,her rights.Good Luck