Rolling tenancy contract

[nellyelloe]

Hi there,
We have a life changing relocation planned next year (so excited), so we recently sold our house and have moved into a rental property. It's a gorgeous little newbuild house but the lettings agency like to make sure that you don't feel too comfortable - literally not allowed to hardly breathe in the house, but whatever, it's for a year 🙄

We have signed a 12 month contract. When I went to pick up the keys, he said that after a year, they'll want us to sign another fixed term. I said that we will want to go for a rolling contract after the year is up, and he said 'we don't do rolling contracts if we can help it'. He was really shitty to me.

When our year is up, we'll need something between 3 and 6 months more of the tenancy depending on a few factors for our relocation, but now I'm really worried that they won't agree to a rolling contract, and if we put our foot down, we'll be evicted and then be screwed for a few months, right when my daughter is doing her GCSEs😳

Please advise! Thank you

You can go on a rolling contract once your fixed term is up. It is also not up to the letting agency, it is up to the landlord what they agree with. Landlord may not like it and serve you a section 21, but this gives you at least two months notice, so hopefully enough time for your next move.

Yes just carry on paying rent and living there at the end of your contract and you automatically and perfectly legally move onto a monthly rolling contract. This is what we have done. Our landlord doesn't mind but the letting agent tries to get us to sign on to another contract every so often, we just say no thanks and carry on. If your landlord isn't happy they can of course give you 2 month's notice, but I've found they generally can't be bothered as long as you're still paying rent and being a good tenant.

It should state in your contract what happens at the end of the fixed term. The default is that it goes onto rolling with one month notice for you and 2 for the landlord so if it doesn’t state that you have to sign another fixed term then that is what should happen.
Of course the landlord could serve you with notice 2 months before the fixed term is up or at any point afterwards but if you are good tenants I can’t see why they would do that.
PP is right, it’s not up to the agent it’s the landlord’s decision.
We are renting too for 6 months to a year due to a relocation, lovely flat and having moved from a high maintenance old Victorian terrace, it’s a joy not having the homeowner responsibility!

Would be unusual not to go onto a rolling contract after the end of their 12m term, IME! If the LL insists a new contract is signed, look into having a break clause added as an option!

Letting agents want tenants to sign a new 12 month AST tenancy agreement every year so they can skim approx £500 off the landlord every year as it is now illegal to charge tenant fees. Just keep paying your rent and on time and your AST will become periodic at the end of the current AST. Take no notice of the letting agent, the law provides for you that the AST tenancy becomes periodic, it doesn’t matter what the LA thinks or wants.

Even if they did serve you a section 21 towards the end of the fixed term AST, the expiry date on the notice only means that this is the first date that the landlord can apply to court to start the eviction process which is lengthy and costly to the landlord, so I’m sure he would be happy for you to remain on a periodic tenancy for a few months before your relocation. You have a legal right to know the landlords name and address so you could contact them directly if you don’t get a satisfactory response from the letting agent.

In my experience, a letting agent will only ever present you with information that they want you to know, to go in their favour. Always contact Shelter with tenancy matters, they will explain your tenant rights, you can call them or use the chat function and they are very helpful.

Here is some information from the Shelter website on your options at the end of the fixed term

england.shelter.org.uk/housing_advice/private_renting/options_when_your_fixed_term_tenancy_ends

You can't be evicted within 6 months anyway so don't worry about it. Just don't mention it again.