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Tenancy Agreement

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bossychloe | 21:15 Thu 19th Jun 2008 | Law
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My friends tenancy agreement runs out on the 25th of this month. He has a new letting agency in charge of this, althought he has contacted them almost every week for 4 weeks he still hasn't received his new contract. They are always saying someone will make an appointment to inspect his flat and bring the new contract with them, but so far this still has not happened.
Surely he should have a new contract before the old one runs out? He's a little reluctant to make a pest of himself but I think he has rights...can anyone give me some advice?
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Provided he hasn't been given any notice to end the tenancy, if no changes have been made and no new tenancy has been granted then your friends's tenancy will have statutory protection.

They cannot be evicted in the first period of the tenancy eg 6 months unless they have broken the agreement eg unpaid rent.

It's called holding over, the tenancy continues on the basis of the current tenancy.

Notice can differ, normally 2 months from a normal start date of a tenancy (usually the date signed or rent date).

So if the tenancy started on the 1st Jan and notice was served on the 2nd Jan the tenant should have until the 1st April.
Your friend doesn't have to do anything and neither does the letting agent. The tenancy will simply become a periodic tenancy after the initial fixed period (e.g. after 6 months) with the same terms except the notice period (1 month notice from tenant to leave or 2 months notice from the landlord that he wants them to leave). Most agents want the tenant to sign a new agreement because they will charge for this 'service' but in many instances it's to the benefit of both the tenant and the landlord (not the agent) for the tenancy to become periodic.

If I was your friend I wouldn't worry but just carry on as normal.
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Thank you both for your replies.

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