UK Landlord Forum / Life

Can anyone tell me how this works.  My daughter has signed this but I am told it is now a rolling month to month contract does this stand even if it is dated to end say for example October 2014 or do I need to write another one with out dates ?

It isn't clear how to answer your question. Can you provide more detail?

Just been advised by lawyer that although my tenant has not signed a agreement he has rights as we have taken rent from him.  Will this be difficult to get him out as a lease was not signed at the start ?

Still need more detail.  Start at the start and go through the situation.

A tenancy doesn't even need to be in writing for the tenant to have tenant rights.

My daughter has the tenancy but her boyfriend has moved in and refused to sign agreement.  I am told by lawyer although he has not signed
tenancy he has rights and he is the one paying the rent?  Anyone give me any advice on this.

You're not helping anyone help you. 

What's the whole situation?  Are you the landlady? Is there a problem with the tenancy? Do you want him out? Do you want her out? Put some context to what you are asking. 

I'm out, this person seems crazy. The first post and third post appear to be unrelated, to me, and still no useful detail.

I will try again yes I am the landlady.  My daughter has the tenancy but as her partner has now moved in and is paying the rent money I asked him to sign a new lease agreement he refused to do this as he thinks he is smart.  So I am getting the rent from him but he has no agreement signed?  The lawyer told me
although he refuses to sign the agreement he still has right s on the property ?  I am confused by it all?  No I don't want them out yet but found that a bit worrying when I was told he still had rights what rights  does he have ? and will I be able to get them out if I choose to.  I am new to renting out property who said this
would be easy ?  Thanks

Once a fixed term tenancy expires (say the 6 month period) it does indeed go onto a rolling month by month contract without the need to do anything apart from reprotect the deposit and re issue PI.  A rolling contract means that they have to give you 1 months notice if they intend to leave and you have to give them 2 months notice if you want them to leave. Signing or not signing a new fixed term contract doesn't really do alot, it actually gives you more flexibility as a landlord if it remains on a rolling contract.

Is this house unencumbered or do you own it on a buy to let mortgage?

Thank you yes we own the property.  May I ask the agreement is dated to end  last  year does that mean I need to issue a new one or does that one still stand
like you say a rolling contract..  Sorry I find this all a bit of minefield.

Yes. 

What happens is you give a T an AST for say 6 months.  At the end of that period you have 2 options - Another AST for X amount of time or to allow it to go onto a 'periodic' or 'rolling' tenancy and that just follows on from the original fixed term AST.  There are no dates involved, they are in the property for as long as it needs to roll on for for them and for you. 

 :)Thank you and sorry for the confusion.