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wingrovebuyer, Senior Solicitor
Category: Property Law
Satisfied Customers: 737
Experience:  Bachelor of Laws (Honours); PG Diploma in Law; Member of ALA; 9 years' experience
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My assured shorthold tenancy agreement was for one year ending

Customer Question

My assured shorthold tenancy agreement was for one year ending March 2013. Since then I have not renewed or signed a new contract but have continued to pay the rent under the previous contract. The contract notice period is two months. Since I never renewed for a fixed term does "holding over" apply giving me a notice period of one month ?
Submitted: 4 years ago.
Category: Property Law
Expert:  Remus2004 replied 4 years ago.
Thank your for your question. My name is Jo and I will try to help with this.

What do you mean by holding over please?
Customer: replied 4 years ago.

From what I have read under contract law, once a fixed term rental agreement has ended and no renewal signed, by continuing to pay rent which the landlord accepts the contract becomes a rolling monthly contract. Is that correct ?

Customer: replied 4 years ago.
Relist: Other.
Hopefully someone can explain the term "holding over" with regards to the tenant and landlord and if it applies to me situation ?
Expert:  wingrovebuyer replied 4 years ago.
Hello. You now have a periodic tenancy, which is what is suspect you mean by "holding over", meaning that the landlord would still have to give you no less than 2 months' notice to quit.
Customer: replied 4 years ago.

Thank you for your reply. Please can you answer what my notice period a should I want to leave the agreement ?
Expert:  wingrovebuyer replied 4 years ago.
Sure - you'd have to give one months notice. In both cases (ie landlord's notice or your notice) the notice mus be for at least the minimum periods I have stated, and they must expire on the day before the tenancy term date. For example, if it started on the 5th of the relevant month, the notice must expire on the 4th of the month, and must. E for at least the mime in period applicable. Hope this helps.
Expert:  wingrovebuyer replied 4 years ago.
Hello. As I've answered your questions, would you please leave a rating, or JA won't pay me for helping you. Many thanks, WB.