I want a rolling contract but my estate agent doesn't...

mike_in_leeds

Hi there, this is a funny question but I want to know my rights and how a situation works.

Basically I rent a flat off my landlady (and very nice it is too - if not a little noisy). I saw the place advertised with a local estate agents and as within an hour I signed up, paid up and waited to move in. Now the initial rental period is 6 months (i've been there for 4.5 months), which I thought would be followed by a rolling period. However the estate agents say I must sign up for another 6 months or 12 months (which includes an admin fee) as there's no rolling contract as they "don't do rolling contracts". Now I don't want to move out but I don't know what I'll be doing in 6 months as events may happen or circumstances may change.

The property isn't managed by the letting firm, they just do the paper work. I want to contact my landlady (who is a very nice lady) and see if we can get the contract changed to a rolling contract. With her owning the property surely if I can convince her to change to a rolling contract there's nothing the estate agents can do. I really don't want to live my life having to plan in 6 month periods.

I really don't want to have to move again as it's such a stress and it's so expensive - I also like where I am and the neighbours are nice people.

What should/can I do?

Mankysteve

Legally they'd have to give you two mounts notice to quit before they can start the getting you out. But also you cant force them to go onto a rolling contract. I think you've answered your own question you need to speak to the LL but she may have a contractual issue with EA if she deal with you directly

ginvzt

Send a letter to the landlady asking if she would agree to the rolling contract. What we found, landlords often don't know that letting agents press the tenants to sign to another contract.

We did this in our previous flat. When we got a letter from the letting agent requesting us to sign a new contract, we wrote a letter to the agent and the landlord stating that we are happy to go on the rolling contract and will not be signing new 6/12 month contract. We never heard back from them. because the other option they have is to serve you 2 months notice, and then have flat empty for a month or a few. When we moved out, that flat stayed empty for 4 months. (We moved for different reasons, not because of the contract)

benb76

You don't have to do anything or make any agreement for you tennancy to become a rolling contract, it automatically becomes one after the initial AST period. Furthermore, your contract is with your landlady, not the letting agents, they are talking bulls**t in an attempt to make some more money (for nothing) out of you and your landlady.

mike_in_leeds

Thanks for all the advice - what you're all saying is great. I'm going to check the small print of my contract and a friend of mine (who is an estate agent for a rival firm) did mention that it's a means to make cash for the estate agent. Unless I'm evicted (no chance – I’m a model tennent) the contract should go to a rolling status unless I want to guarantee a 6 or 12 month term. If I wish to do that that’s when I incur a fee. Once again - thanks for all your advice - I'll let you know how I get on.

princeofpounds

Just another voice - if you want to go on a statutory periodic tenancy ('rolling') then you and your landlord do not need to do anything. She must give you 2 months notice to coincide with a rental period, you must give one.

If she wants fixed, you can explain to her that you would be very happy to do fixed, but the agents are charging fees you find unacceptable and disproportionate to the work involved. You might also like to ask her to find out if the agents would be planning to charge her as well (often they do).

benb76

mike_in_leeds wrote: »

Thanks for all the advice - what you're all saying is great. I'm going to check the small print of my contract and a friend of mine (who is an estate agent for a rival firm) did mention that it's a means to make cash for the estate agent. Unless I'm evicted (no chance – I’m a model tennent) the contract should go to a rolling status unless I want to guarantee a 6 or 12 month term. If I wish to do that that’s when I incur a fee. Once again - thanks for all your advice - I'll let you know how I get on.

Don't worry too much about what it says in their standard terms and conditions (aka smallprint) either, they can't enforce anything that would be deemed 'unfair'. It may well be that they say that you have to renew your contract in the smallprint but this would almost ceratinly be considered an unfair term so you can ignore it. There was actually a high profile case last year with the Office of Fair Tradin (OFT) taking Foxtons to court over them charging renewal fees to tenants and landlords, even when the contract just reverted to a rolling tennancy. Just Google 'Foxtons OFT case'.

Denster83

I have the opp problem. I am about to complete my 6mth tenancy agreement. During this time my GF and i found out she was pregnant. After speaking to the landlord about this directly he is happy for us to stay in the prperty but doesnt want us to sign a further fixed tenancy agreement. The estate agent however want to charge us £50 plus VAT to change the tenacy to a rolling contract. Can they do this? Please help?

BitterAndTwisted

You can't "change" to a rolling periodic tenancy: one naturally arises if the tenants stay in the property once the fixed-term has ended. Don't bother responding to the agent's suggestion, just sit tight and continue paying the rent.