Giving Notice On 12 Month Rental House

[silliemillie]

A friend of mine rents her house out on a 12 monthly contract. If she want to take it back would she have to wait the whole 12 months or could she give notice to get it back earlier?

It's one of those rent guarantee things where the Agents still pay her e en if there's not a tenant in situ (don't know if that makes a difference).

[woofgang]

what des the agreement say about notice to quit?

[silliemillie]

She's going to dig it out so I'm not sure, just thought I'd ask while waiting for her to do that (she's not very organised)

[woofgang]

she can do whatever she agreed to in the agreement.

[Peter Pedant]

hi sillie

actually she should ring the agent who is handling it and ask them

she needs the original contract ( which the agent will have and give her a copy ) and whether she has renewed the contract
Actually with an agent that is quite possible - the fren should know as she would get charged for the renewal

if there is a 12 m contract then it will be 12 months from the signing - unless there is a break clause for the landlord ( very unlikely )

but

it is possible that the 12 month contract was NOT renewed
in which case the contract (!) is called " run on " and it will be a contract self renewing according to the 1988 act which lasts for the rent period - from month to month of the rent is monthly and three months to three months if the rent is quarterly ( unlikely )
fr' instance 95% of leases in Manchester are 'run on' so the courts have had lots and lots of practice in this sector and the law is well settled

[Peter Pedant]

// she can do whatever she agreed to in the agreement.//

um yeah and no

if the 12 mo contract is run on and the rent monthly then she doesnt have to wait 12 months but can get them out on a s21 at the usual notice ( eight weeks )
https://www.gov.uk/evicting-tenants/section-21-and-section-8-notices

but honestly that is why she has an agent
god knows why the bozos on AB have been asked to give an opinion

[silliemillie]

She hasn't signed a new agreement for about 3 years, the Agents Are saying she has! This is why I'm asking for her, she doesn't now trust the Agent and wants her house back, she's thinking the Agents will be difficult.

[Peter Pedant]

ah

well the question is by and large irrelevant and should be replaced with

My friends land agents are pigs. She has given them complete control over letting and they have renewed the lease on a yearly basis and now she wants her house back ! It is all about whether she has delegated authority to them and nothing to do with the leases they have granted which are probably still yearly.....

and it all depends on what the agreement was that she had with the land agent.....

[woofgang]

which is what i said PP

[silliemillie]

The original agreement was she had to wait the 12 months but she hasn't signed an agreement for 3 years so she hoping that will help get her out of it quicker.

[1ozzy]

//She hasn't signed a new agreement for about 3 years, the Agents Are saying she has!//

Then the agents need to supply her with proof.

If they can't then it would appear that "run on" comes into play.