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Rent Agreement

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2sp_ | 13:23 Thu 16th May 2013 | Law
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Say someone has a 6 month tenancy contract with their landlord, but the landlord fails to renew this after the 6 months are up. They carry on living in the house and paying rent as before.

Can the person then leave the house without giving notice? Do they still have to live by the conditions of the contract even if it has expired?

(Scots law)
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Is there a "rolling" clause in the contract?
not really no - if it is a standard contract they normally become rolling contracts and therefore notice is required.
You will still be required to give the required 1 month notice to vacate to the landlord. This should be written in your tenancy agreement.

Yes, you are still bound by the conditions set out in the tenancy agreement you signed.
Question Author
Thanks everyone for your replies.

It's not for me, a friend rents out a house and has been "too busy" (code for couldn't be bothered) to renew the contract with her tenants after the 6 months were up. I was concerned that she was in for a load of trouble just because she couldn't find the time to get a new contract signed.

She's not inspected the house since the tenant moved in either... She is a worry.

It is in her best interest to renew the tenancy via another signed agreement and it is really important for her inspect the property at least once in a 6 month period.

I rent out 2 flats and always renew with my tenants and always inspect the property.
My landlord has not inspected the property I rent for 3 years - and the prev landlord did not inspect for 5 years.

Infact I would be really pissed at the landlord coming round if there was no need to - ie rent paid on time and no complaints from neighbours
Question Author
I'm blue in the face trying to tell her, muchlovex.

She's had several previous tenants, some brilliant and some horrendous. In fact, before this tenant moved in she had to replace all the carpets and have the entire place painted due to the mess left behind by the previous people. Oh, and she had let them use their deposit as the final month's rent so had to fork out for it all out of her own pocket.

More money than sense!

I'll keep at her to do inspections and renew the lease when it comes up each time!

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