question about rolling contracts

Professor_De_Worms

As I understand it, once a tenancy agreement is up (e.g. 6 months assured tenancy), the agreement automatically switches to a rolling contract. All well and good. But does the landlord at that point have the right to force the renter into a new contract? I'm assuming if the landlord asks you to sign a newly drawn up one, you will be obliged to sign it or otherwise move out. Have I got this right?

G_M

See here:

Ending/Renewing an AST (what happens when the Fixed Term ends?)(What is a Periodic Tenancy?)(How can a LL remove a tenant?)(How can a tenant end a tenancy?)

Professor_De_Worms

Thank you wise and kind soul.

G_M

No problem prof.

As you can see, it's a common, recurring question, hence the detailed post to explain!

Professor_De_Worms

My pleasure! However, just to clarify...

From what I understand of reading that guide, I can ask to sign a rolling contract, and if the landlord declines, they are then permitted to serve me notice 2 months from the date the fixed-term agreement ended. Is that more or less right?

jjlandlord

A landlord (or anyone) cannot force a tenant (or anyone) to enter into a contract.

If your tenancy is monthly periodic then the landlord can always start court proceedings to evict you after having given you 2 months notice of that.

If you refuse to sign they might give you notice and then they might start court proceedings.
However, a priori they haven't any incentive to do it.

You need to judge the situation.

G_M

Professor_De_Worms wrote: »

My pleasure! However, just to clarify...

From what I understand of reading that guide, I can ask to sign a rolling contract, and if the landlord declines, they are then permitted to serve me notice 2 months from the date the fixed-term agreement ended. Is that more or less right?

Close, but not quite.

You do not 'sign' a rolling contract. It happens automatically. The LL does not have to agree. Indeed you do not need to tell, or discuss with the LL.

You stay in occupation without signing a new fixed term and a SPT (rolling contract) arises. As explained in the link.

The LL can, of course, follow the normal eviction process at any time, either during the fixed term (see the link for how) or during the SPT (see link).

But whether he will want to lose a paying tenant, and incur the costs of eviction, lost rent, marketing, plus the uncertainty of who/when his next tenant will be just because his tenant's tenancy is 'rolling' rather than fixed.........

Professor_De_Worms

jjlandlord wrote: »

A landlord (or anyone) cannot force a tenant (or anyone) to enter into a contract.

If your tenancy is monthly periodic then the landlord can always start court proceedings to evict you after having given you 2 months notice of that.

If you refuse to sign they might give you notice and then they might start court proceedings.
However, a priori they haven't any incentive to do it.

You need to judge the situation.

So the 2 months notice starts from when it is 'served', and not from the time when the fixed-term contract ended. Is that right?

You've all been very helpful anyway. I think I'll contact Shelter/CAB tomorrow just to be sure of my legal standing before I start moving pieces around the board.

jjlandlord

Professor_De_Worms wrote: »

So the 2 months notice starts from when it is 'served', and not from the time when the fixed-term contract ended. Is that right?

That's right.