Flat Out Of Contract

[chessington]

My daughters flat, privately rented is out of contract, the year was up in January and the landlord has not asked them to sign again for some reason? Could he just evict them for no reason? TIA

[Islay]

No, I believe it becomes a rolling contract and a notice period is still required on each side. If she is concerned contact the landlord and ask for a new agreement.

[Buenchico]

See here:
http://england.shelter.org.uk/housing_advice/private_renting/renewing_your_private_tenancy

[anthro-nerd]

Presumably it has moved onto a monthly rolling contract, where either party (your daughter, or landlord) has to give one month's notice before moving / asking her to leave. Check the original contract to be sure, it's normally in there. If not, contact the Landlord asap for something in writing.

[Peter Pedant]

erm the law is straightforward on this point

assuming she is not 98 or something -
then the lease would be one granted under the terms of the 1988 Act and specifies a term
after that - then the contract 'runs out' or determines
then it is run - on
Over 90% of contracts coming to court ( oo-er Mrs) in Manchester are run on
this means that the judges have lots and lots or practice
and the law is as follows

- there is still a contract - erm run on - and it is still a short hold short term tenancy according to the act ( and the old lease )

the term of the contract ( how long it lasts) is the rent period
This means if yr daughter pays three monthly then the term is threemonthly - most people pay monthly so it is run on from month to month

The terms for possession - the landlord must go to court for this - under s8 or s21 are the same
( wh she will have to read )

there have been a few brave stabs at this above
it is not 'I think' or "presumably" or " Madge who chars down the road - her daughter was in this and she THINKS: ladi dah etc"
I can certify the law is as stated above
( no one seems to have read my zillions of posts on this subject over the last ten years)

[ s8 - eight weeks in arrears and two weeks notice. Possession NOT guaranteed
s21 around eight weeks notice and possession guaranteed - I think]

She has to decide whether to allow it to run on ( no rent hike)
or say she wants a new lease ( and risk the landlord saying oh! yeah the new rent is ....)

[chessington]

thanks everyone for repies