Rented flat with no contract and asked to quit

[pennebaker]

I have been living in my rented flat for four years, I initially had a contract for one year but this wasn't renewed after the first year - I did mention this to the landlord but nothing happened. I have not been in arrears of any sort or had any problems with the property, but have now been asked to quit (6 weeks notice) I wondered if I'd be classed as a sitting tenant and what legal rights I have if any?

[Compostella]

Since your original 1 year contract expired, It is normal that you have been on what is termed a rolling contract.

Therefore the landlord is within his rights to serve notice.

Don't be foolish and refuse to leave, your time will be better spent securing your next home.

[brummiechick]

Hi peenebaker. Frstly I would seek legal advice ..perhaps from CAB, taking with you any proof you have of paying rent, council tax etc. If you could stay (legally) would you want to after been given notice to quit? Will it cause bad feelings between yourself & your landlord? If you are not already on the local council / housing assocciation list you should get that recified straight away. at the same time as registering take with you your notice to quit because you will be technically homeless when you have to move out. Good Luck.

[jen78]

When the initial contract ended, in the absence of any other agreement, the contract rolled over by operation of law on the same terms and is protected by the Housing Act 88 (a periodic tenancy).

Notice is, in the absence of other contract provisions to the contrary, 2 months (as contracts are usually on a monthly rental payment basis making each period of the tenancy a month) from the next date of the start of a period of the tenancy (usually the same as the start/rent payment date).

If the notice is valid, you may be able to argue an extra week or so depending on dates but either way you would have to leave if the Landlord has done everything properly.

[themas]

Not being a solicitor, I hesitate to query jen's view, but I think that the notice will not be valid if what you have is a normal assured shorthold teancy.

As jen says, the tenancy will be a periodic one and the landlord has to give 2 months notice expiring on a rent payment date. He has not done this so the notice is not valid at all.

You can point this out and he will have to issue another correct notice, so you can get another 2 months or so, rather than an extra week or so. However, you will have to leave and, if you may want him to give you a reference for future accommodation, it might be best to come to an amicable arrangement.