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  • Legal FAQs

    Rolling Contract - period of notice

    Hi,  I am moving out of my rented property into a new property.   

    I moved off my periodic tenancy agreement onto a rolling contract in September of last year. 

    I gave a months notice to my agency on 15th Feb, they didn't get back to me so I rang them today, they are trying to say I have to give 1 months notice from my rent due date which would mean I couldn't hand my notice in till 7th March.   

    I have looked online and I believe that as Im on a rolling contract I am not liable to the terms of a periodic contract and can give 4 weeks notice.  Can anyone confirm/clarify this for me.

    thanks

    Elizabeth

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    Is it a Contractual periodic or a statutory periodic?  If the former then it is not a new contract and the conditions outlined in your AST apply, if the latter then I am not sure as it is a new monthly contract.

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    It's not rent day but last or first day of tenancy period.  How often in rent paid (eg monthly) and what date-of-the-month did tenancy start, please?

    See

    https://forums.moneysavingexpert.com/sho...ostcount=4

    The "can't hand in until.." is b*ll*cks... you are perfectly entitled to, say, hand in notice 5 months before expiry.

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    Hi I took out an AST in September 2017 for a year, it went onto a rolling contract in September 2018, I was looking for a place to buy and didn't want to sign another fixed period.

    I am looking at my tenancy agreement but not being a lawyer it seems gobbaldy gook to me - States "however where the tenancy is a continuation or a statutory periodic tenancy the Tenant will be required to give one full months notice of his intention to vacate. 

    Does this mean the rolling contract? or is the Statutory periodic tenancy where you sign a continuation contract? It doesn't say 1 month from rent due date.

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    Assuming you pay rent monthly on the 7th of each month then technically the notice should run to the 6th of the following month but check your tenancy agreement in case it has any other provision.

    https://www.citizensadvice.org.uk/housin...r-tenancy/

    I think it is unhelpful to tenants and have always been prepared to take a  months notice at any time.


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    As you are on a periodic tenancy (from what you have said), your notice period should coincide with the rental period.  Therefore if you pay rent on the 7th, hour month's notice will start on the next 7th of the month.  Strictly speaking tenants cannot choose which month they use.  It is governed by case law.  This assumes you pay monthly and not on some other basis.

    You should also be aware that four weeks is not a month.  Reference to a month means a calendar month - except for February every month has more than four weesk.

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