No rental contract-notice required?

cruhoortwunk

Hi,
Our one year rental contract ended at the end of August. We didn't sign any extension to the contract after that date. We just extended on a monthly basis.
We now want to move out. We'd like to move out in 3 weeks time, but the estate agent is saying we need to give one month notice.
How can that be enforced though, when we didn't sign any contract since end of August?

Paulw

Part 4 Tenancy comes in to effect, so a months notice is required.

Victor

They are entitled to ask for 42 days.

Notice Periods for the Termination of a Tenancy by the Tenant

Subject to the terms of any letting agreement in place, if a tenant wishes to
terminate the tenancy, the notice period that must be given to the landlord is
determined by the duration of the tenancy:

Notice Period Duration of Tenancy
28 days Less than 6 months
35 days 6 months or more but less than 1 year
42 days 1 year or more but less than 2 years
56 days 2 years or more

thesiren

Sorry to jump in on your thread - I'm in a similar situation, my flatmate and I moved into a property just under a year ago but there was no contract and it's cash in hand. I know that's probably illegal but the flat I was living in before that became flooded due to lack of repair by the letting agency and I was desperate for anywhere else so I went along with it. This flat is a decent price but I want to move out, so given that no contract was signed by either of us, would the same thing of 1 month or 42 days apply here?
again, sorry for interrupting your thread (am a bit new here!)

Victor

If you are there under a year, it is 35 days.

Tea rocks

Hi, sorry to jump onto this thread. I joined a house share 6 months ago. I signed no contract. If I want to leave, how much notice should I give? It's April 6 now and I've paid my rent for the month. I do not want to be paying rent for the month of May. Is it acceptable for me to let my roommates know today that I will be moving out without it affecting my deposit (which was paid to one of the existing tenants)? That's 24 days notice...

odds_on

Tea rocks wrote: »

Hi, sorry to jump onto this thread. I joined a house share 6 months ago. I signed no contract. If I want to leave, how much notice should I give? It's April 6 now and I've paid my rent for the month. I do not want to be paying rent for the month of May. Is it acceptable for me to let my roommates know today that I will be moving out without it affecting my deposit (which was paid to one of the existing tenants)? That's 24 days notice...

Rental agreements may be verbal or written thus a written contract is not necessary.
It depends on what type of agreement you have and with whom and to whom you pay the rent and paid the deposit.

Briefly, if you have:
Fixed term lease - if you want to leave AND retain your deposit, you have to find a replacement tenant at your expense. Unless there is a breach of the landlord's obligations, there is no such thing as a notice period as you cannot give notice during a fixed term contract.

Part 4 or Periodic lease - You do not have to find a new tenant and the notice period depends on how long you have been living there: 28 days if less than 6 months; 35 days if more than 6 months but less than 1 year.

Lodger/licensee agreement - if you are a lodger, the usual notice period id the same as the rent period (if there was no agreement on the period); a shorter or longer period may be agreed with the landlord.