Boring one about a tenancy...can anyone help me understand...?

[glowchurn]

We're approaching the end of our fixed term tenancy agreement on our flat. Our contract says at the end of the fixed term it will automatically transition to a monthly rolling contract. For various reasons, this suits us and we were happy to sign it.

Letting Agency now saying that the landlord doesn't want to allow the fixed term agreement to lapse ("as is their right") and have said we need to sign another year's fixed term agreement. Letting Agent is being vague about our rights here.

If we decline to sign a new fixed term agreement, is it likely we'll get evicted? Surely no landlord in their right mind would choose the eviction process over the possibility that (reliable, paying, well behaved) tenants might give their notice at some point in the year?

I feel like there's a bit I'm missing...can anyone help me make sense of this?

When the initial contract lapses you can leave with one months notice, and the new contract gives the landlord reassurance that you will commit to being there (or pay rent) for one year, giving them reassurance of payments.

Are there any fees for signing?

There are no fees for signing.

Yes, I can understand why the landlord wants it, but it's not in our best interests and I'm trying to work out what's likely to happen if we say we'd rather not.

Obviously they want somebody to commit to paying rent for another year - but we've accepted that 'risk' for a year on the understanding that at the end we'll get to move into the one-month-notice phase. Now they're saying they want us to take that on again.

Compromise and ask for a rolling contract with a two month break clause so you have to give 2 months in order to reassure the ll. Perhaps the ll hasn’t understood the idea of a rolling contract?

I don't rent anymore but did for 6 years or so, and I have never had a landlord who was happy to go onto a rolling contract. The contract always says that once the tenancy expires, it'll go onto a rolling contract, but I think that's standard tenancy text which lets you know what happens if no new contract is signed, rather than an expression of what your landlord intends to do.

All you can do is express that you don't want to sign. I have done this twice, once I had to move and the landlord got new tenants, once was fine and I was on a rolling contract for 8 months before I left.

There's a ban on evictions at the moment because of Coronavirus, but only until 23rd August, and I'm not sure if that'll be extended.

The default to a rolling contract is really more of a catch all so that if nothing happens at the end of the fixed period it doesn't just 'end' and you're squatting. Most landlords won't want rolling as it's a bit more of a risk, why not offer to compromise, maybe 6 month? Or rolling but with longer notice period.

Whether or not they'll kick you out is anyone's guess

We had this recently and got round it by insisting we go onto a rolling contract, but agreed we would give 2 months notice. All parties were happy with that!