What happens when your lease expires...

[Cactussed]

and the contract is silent on the renewal provisions.

I had automatically assumed that you went onto a rolling basis with the notice period matching rental payments (ie, in most cases mothly).

Is this enshrined in law somehwere?

I know the Landlord and Tenants Act of 1954 deals with commercial property...

[touching cloth]

Can't quote you the law specifics Drew but essentially yes rolling tenancy. 1 month notice is all that is required by tenant (based on the rent due date however) but still 2 months from landlord, least that is as I understand it.

[Cactussed]

Thanks TC.
Would be handy to find some appropriate legislation.
My estate agent doens't roll in until 10:30am, so thought I'd ask on here first.

[mk1fan]

I assume you're refering to a domestic tenancy rather than a commercial lease or longterm leasehold of a flat.

In which case then the Housing Act 1988 is the relevant Act - although it may not if the rent is very top end with huge rental value.

The above is correct that the tenant has to give a months notice if they wish to leave and the Landlord has to give two months notice.

The terms of the previous lease become the terms of the rolling lease. There is no need for a formal tenancy to be signed.

The rent is due on the same date as on the previous lease. All you need to do to start the rolling tenancy is pay the rent on time.

Bear in mind that if the previous tenancy is a 'monthly' then so will the rolling tenancy. If you need it to be weekly then you'll need agree this with the Landlord.

[jimmyjam]

Yes, all above is correct. It goes into a 'periodic tenancy' (housing act 1988) which is safe and legally binding and follows the terms of the old agreement. In general the only change is that as stated above, Landlord must give 2 months notice for possession and the tenant only 1 month. However, this can only be served on a rent due date, not at anytime. Therefore the risk is that if you serve it a day late, you must wait another month before re-serving. Furthermore, if the rent is paid quarterly or more then you have to wait for 3+ months to serve notice. Generally not an issue if you have a normal AST and rent is paid monthly.
This is all for Residential, not commercial and rents under £100k pa

Edited by jimmyjam on Friday 29th October 13:09

[Cactussed]

Thanks guys, really appreciate this.
I did some digging and also found this which has proven helpful.

http://www.tenancyagreementservice.co.uk/section-2...