do we HAVE to sign a new tenancy contract now ours is up or can we stay rolling?

[TinyDiamond]

Been in the house 3 years 1 month on 3 separate 1 year contracts now. I spoke to the agents before Christmas to say that until the numerous problems with our house were sorted out we would not be signing another year. I put it all in writing and waited ages for a proper response for them to turn round and basically say that it isn't their problem and we need to contact the LL directly. Which I have done. But he is shit and never around so no problems are being sorted yet.
In the meantime they keep sending me frosty letters demanding we pay them £55 to print out another contract. I have told them no thankyou and we will just stay on a rolling contract for now. The tenancy was up Feb 22 2013 neither party has given notice to leave.

Am I right in thinking that legally we are within our rights to stay on this rolling contract should we wish to unless the LL gives us two months notice?

I definitely do not want to sign another year as there is a small chance we may be moving in the summer.

Any advice welcome :)

If they don't want you on a rolling contract, they have had time to give notice (it has to be two months from the rent due date so they wouldn't be able to get you out until 22 June now). I'd ignore letters from agency, it is only to their benefit to have you sign another year. You only have to give one month's notice from rent due date to the LL/agency but make sure you do this formally and in a way in which it can be proven (registered letter plus email).

Have you signed a rolling contract? We reached the end of our term then signed a new contract on a rolling monthly term. I guess if you don't sign that there's no reason why the LL couldn't evict you tomorrow?!

I thought that if you get to the end of a shorthold tenancy and nobody gives notice then it automatically becomes rolling? I reckon the agency just want the £55 tbh

If you are on an Assured Shorthold Tenancy then you just roll on until the landlord gives you his notice (2 months) or you give yours (1 month). It isn't necessary for agents or tenants to be renewing every 12 months at a cost to either party - the contract just rolls on.

thanks Panic that's what I thought. Legally am I disadvantaged any way not renewing?

You're disadvantaged in as much as the LL only has to give two months' notice whereas with a contract, s/he is unable to ask you to leave until the end of the tenancy (or has to take you to court for non-payment of rent/breach of tenancy/whatever).

The two months thing doesn't bother me at all that is plenty of time for us. Thanks