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Going from AST to rolling tenancy?

We're coming into month 4 of a 6 month AST, so expect to be getting new agreements anytime now.

The problem is, the house isn't quite working for us - the main issue being that husband is disabled and access etc around the property isn't as good for him as we first thought, especially considering a couple of new diagnosis/treatments that have started since the move (there are some maintenance issues also).

Our deposit was paid for by the local council housing section (as they couldn't house us), and so I asked if they had a position on this, their answer to which was to not sign the tenancy paperwork and go onto a rolling contract so that we could leave as soon as a suitable house turned up (and that they should be able to transfer the deposit scheme over).

We have some worries with this though - I know it won't affect notice periods, but how amenable are LAs to this sort of thing generally? And if they don't like the idea and serve notice, we're going to be up the creek as the council have also confirmed that they still can't house us anyway (and with benefit income, there aren't that many LAs/LLs that will look at us).

Are there any pearls of wisdom or experience out there? Any pitfalls we should be aware of with rolling tenancies etc?

In other words :confused::eek:
DFW Nerd no. 884 - Proud to [strike]be dealing with[/strike] have dealt with my debts

Comments

  • Gwhiz
    Gwhiz Posts: 2,322 Forumite
    Part of the Furniture Combo Breaker
    Have you asked the LL about this? He may be very amenable to you going on rolling. However, my suggestion would be to start looking for a property now and then you'll know exactly what will be happening once your AST is up. If you secure something you may not have to go rolling so the problem of what your LL thinks will be irrelevant.
  • neas
    neas Posts: 3,801 Forumite
    never been in a propertyy where every 6 months you need a new fixed contract, usually just enter a 1 month rolling contract.. and everyones happy.
  • theartfullodger
    theartfullodger Posts: 15,142 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Two things i think...

    Going into "rolling" (Periodic). Assuming rent is paid monthly then if T & LL do not sign a new agreement the existing one automatically continues as periodic, with Tenant on 1 month notice, Landlord has to give 2. However if you decline to sign a new deal (LL doesn't have to offer one) then he may decide to give you notice to quite so I'd discuss things with him & try to keep everything sweetness, light & friendliness. If there is an agent involved he will probably want a new deal & will charge someone (usually LL) for this - but it IS NOT NEEDED!

    Second thing - have you asked LL to adapt the property for husband??

    If there are maintenance issues (I presume this means things don't work correctly?) ask LL to fix, if not fixed in a week write, politely...

    Cheers!

    Lodger
  • earthmother
    earthmother Posts: 2,563 Forumite
    Part of the Furniture
    Thanks - I will speak to the LA rather than just not signing (didn't seem right to me not doing so anyway) - especially as they have another potentially more suitable property on their books so we want to keep them on side - but am a little wary of showing our situation too early in case it pushes them to serve notice anyway before we have somewhere else to go to.

    It's not an easy process finding private lets that are suitable - it took us almost 6 months to find this one, and meant an unwanted move to the next town (three kids, so upheavals there from which they are only just settling). We took it as it was that or the street - but at the same time did expect it to give us a few years not months.

    We've been with this LA for two properties now (over 5 years in total) and we've always had to re-sign the tenancy agreements every 6-12 months, and paid fees to do so - so I assumed that was normal - it's not like we were given an option.

    As for adaptations here - it's the physical layout of the house that's the problem so there's not really anything that could be done.

    And the maintenance issues - everything goes through the LA - and whilst minor, one of them was reported the week we moved in - but that's another story.
    DFW Nerd no. 884 - Proud to [strike]be dealing with[/strike] have dealt with my debts
  • theartfullodger
    theartfullodger Posts: 15,142 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    The agent wants to fees. The Landlord wants the security of knowing you are committed for another 6 or 12 months..

    It has always seemed to me that the LL should pay the agents charge. And I'm a Landlord..


    Cheers!

    Lodger
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