Rolling tennancy V's Contract

mrsmcfly

Hi

We are currently coming to the end of the 6 months contract on the property we rent. I contacted EA to see if we would be getting another contract. From what I understand it automatically goes onto a rolling tenancy and we can have another 6 monthly contract if we pay the fee £30 each.

What is the difference to any rights we may have in these situations. We are happy in the house and arent really looking to move again.

nikki_angel

A rolling tenancy means that you both only have to give notice to leave at any time to coincide with a rental period (1 month for a T and 2 months for a LL). Whereas a contract is for a set period of time where you are liable to pay rent for that whole time.

I would prefer the security of a contract myself. I am on a rolling now and am thinking about approaching my LL for a new contract.

mrsmcfly

Thank you.

I did try asking the estate agent all she said was "some people prefer them thats all"

jjlandlord

Also, if you plan to stay you can also ask for a fixed term longer than 6 months.

G_M

A periodic tenancy (rolling) gives both sides flexibility. You can leave whenever you want (eg if you get a new job elsewhere, decide to buy a house, whatever) and the LL can end the tenancy too (ie he wants to move back in himself, sell, whatever).

But a fixed term contract gives security to both sides for the length of the fixed term (6 months, 10 months, whatever you agree).

Agents often prefer fixed terms as they often charge both sides a fee for 'preparing the contract'.

franklee

My preference is a periodic tenancy. I look at it like this, with a six month extension you pay £30 each, £60 every six months (which is an extra £10 per month). You get little for this. It's safe to assume the landlord won't want to evict you immediately or else you'd know about it. Now notice for a periodic tenancy needs to end at the end of a period, so a couple of months down the line and they could only serve a section 21 with notice period to the end of month four or depending on dates months five, but you don't have to move out then. Little difference to the six and with a periodic tenancy you don't have to keep paying renewal fees. I've been on a periodic tenancy for yonks

The exception to this is if a Section 21 notice has already been served (Sword of Damocles style) shortly after the start of the tenancy in which case don't touch a periodic tenancy with a bargepole unless you can get them to withdraw the S21 in writing.

Then you can pop over to the grabbit forum and see what bargains you can spend the tenner a month on

may_fair

nikki_angel wrote: »

A rolling tenancy means that you both only have to give notice to leave at any time to coincide with a rental period (1 month for a T and 2 months for a LL).

To clarify: the T's notice to quit or LL's s.21(4)(a) notice must expire at the end of a tenancy period, not a rental period.

The tenancy periods begin the day after the fixed term expires (assuming it's an AST and T remains in occupation, and no renewal is agreed). The period lengths are based on the frequency with which rent is payable, not the rent due date.

Whilst the tenancy and rental periods may often coincide, it's not always the case.