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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10780
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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My fixed term tenancy finished on the 8th of September 2015

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My fixed term tenancy finished on the 8th of September 2015 and I was supposed to sign a new tenancy agreement but didnt. Although there are emials from me stating that I would or had signed it I didnt. I have now given 4 weeks notice as my circumstances have changed, morrally I understand its not great but legally am I commited by the emails to a new fixed term agreement or can I state that as I did not sign anything I am on a rolling contract and as I have not lived there for more than 5 years I am only obliged to give the 4 weeks notice?
Hello and thanks for using Just Answer.
My name is ***** ***** am happy to assist you with your enquiry.
Please be rest assured that you are certainly not committed to any Tenancy Agreement until you have signed on the dotted line. Even though you may have emailed the Agents/Landlord saying you will sign, makes no difference to this-you are not bound full stop.
Accordingly you are indeed on a rolling Contract and all you legally need to do is to give 4 weeks Notice to terminate the agreement.
You certainly aren't bound to continue to pay the rent until a new Tenant is found.
I hope this puts your mind at rest and sets out the legal position.
Kind Regards
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10780
Experience: Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
Aston Lawyer and other Law Specialists are ready to help you
Hello, my name is***** am a qualified solicitor and it is my pleasure to assist you with your question today. If you have no contract in place then you would only be required to give a week’s notice to leave. Similarly, the employer will only have to give you a week’s notice to dismiss you. So even though you may want to leave in 5 weeks; time, that may not happen if the employer does not agree to it. You could offer them 5 weeks’ notice but they can just want you to give them the legal notice of 1 week and end your employment within a week. So if you want to leave in 5 weeks’ time, if you are unsure that the employer will agree to that, you are best advised to resign in 4 weeks’ time and give them the week’s notice. When you resign you would simply state that you are giving them the week’s statutory notice you are obliged to, there is no need to reference to a contract if you do not have one. I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
Sorry please ignore my answer above, posted on the wrong question