Rolling monthly Agreement

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  • Rolling monthly Agreement

    We're letting out a property under a standard 6 month assured short term tenancy Agreement. Our tenants have been superb but the agreement has now come to an end and they have asked if they can move to a rolling contract with one month's notice rather than signing up for another 6 months.

    This is fine by us but I wanted to check that we are not exposing ourselves to any risks by doing this?

    Also, do we need to create another Agreement to reflect a rolling one month arrangement or do we revert to this by default if we simply continue to accept monthly rent without signing another contract?

    Advice gratefully received as always.

  • #2
    Originally posted by Liz100 View Post
    We're letting out a property under a standard 6 month assured short term tenancy Agreement. Our tenants have been superb but the agreement has now come to an end and they have asked if they can move to a rolling contract with one month's notice rather than signing up for another 6 months.

    This is fine by us but I wanted to check that we are not exposing ourselves to any risks by doing this?

    Also, do we need to create another Agreement to reflect a rolling one month arrangement or do we revert to this by default if we simply continue to accept monthly rent without signing another contract?

    Advice gratefully received as always.
    No risks, other than the fact that they are bound for less time than with a 6 month contract - but so are you (they can give one month's notice to end of the last day of a rental period; you must give two)

    You do not need to create another Agreement - the original tenancy will become a statutory periodic tenancy - the terms and conditions will remain the same apart (except that the fixed term will have ended).
    'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

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    • #3
      Post #2 is correct if what you granted is indeed an AST or an SAT. No matter what the document states, it's within the Housing Act 1988 only if:
      a. T is occupying as only/main home [see s.1]; and
      b. none of the exceptions applies [see Schedule 1].

      And therefore the statutory continuation rules apply if it's within the Act- not otherwise.
      JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
      1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
      2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
      3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
      4. *- Contact info: click on my name (blue-highlight link).

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