Going onto a rolling tenancy?

Busbyuk

We are in the process of possibly buying a flat on the new Homeshare scheme. Our tenancy agreement ends on the 27th July and obvioulsy due to possibly buying a place we are not keen on signing a 6 month or 12 month contract.

We have discussed it with our estate agent (Ellisons) and advised of this and that we would prefer to go on a rolling contract where we have to give them 1 months notice and they would have to give us 2 months notice.

They have advised that they don't do this but we can do a new contract based on giving 2 months notice.

Can they say they don't do a rolling contract? I thought this was standard if you didn't sign a new contract?

Thanks

Andrew

tbs624

A periodic tenancy arises *under statute*, following the expiry of the original Fixed Term, where the tenant has not given up possession of the property and the parties have not agreed to sign up for a new FT. You are legally entitled to know the name and address of your LL - ask for it in in writing and the LA *has* to give you the info within 21 days by law - so you can discuss the matter direct with the LL. If you don't want to sign up to any new contract then your options are to (a) go when your current term expires or (b) confirm in writing that you wish to continue under a statutory periodic tenancy and just sit tight. The LA/LL then has the choice of either agreeing with you or seeking a court order for repossession. Have you already been served with a S21 Notice (often given at the start of a tenancy) and is the property one thatis likely to be easily re-let?

Anyone can set themselves up as an LA with no qualification, training or relevant knowledge of LL&T law: it may be that your LA does not understand the law or it may be that either s/he or the LL would simply prefer you to be tied in to a new contract. The LL ought to know that if you sign up for a new FT of 6 months, any clause which stated that *they* could give you 2 months notice within that period would be invalid.

theartfullodger

They have advised that they don't do this but we can do a new contract based on giving 2 months notice.

Lying b***ards...

If you & the LL do nothing you go, as tbs says, onto periodic. You are then on 1 month notice, LL on 2 months.

I advise do nothing and hope (!) LL doesn't give you notice 2 quit.

Cheers!

Lodger