Is a rolling AST enforceable?
My 6 month AST is due to end and I would ideally like to continue renting on a statutory periodic, month by month basis as I may be moving away and need the flexibility that it allows.
My landlord has offered me a “rolling 2 month tenancy” when my 6 month AST ends, with rent still payable every month as normal. This ‘offer’ also includes a requirement that I give 2 months notice if I want to leave, rather than the standard 1 month.
Can a landlord insit on a ‘rolling tenancy’ that’s not on a standard month by month basis? And can a landlord insist that I give more notice than the standard 1 month that is the norm?
Thanks
Peter
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Member Since January 2011 - Comments: 12193 - Articles: 1396
12:03 PM, 15th August 2014, About 12 years ago
Hi Peter
I suspect this is a misunderstanding of terminology or rules, either on the part of your landlord or your interpretation of what he has said.
A statutory periodic tenancy means that your landlord is required to give you 2 months notice before he can commence possession proceedings in Court (unless you are in breach of contract) and that you have the right to terminate with one months notice.
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Member Since August 2013 - Comments: 883
1:15 PM, 15th August 2014, About 12 years ago
Your landlord is proposing a contractual periodic AST instead of the statutory periodic AST that will be created when your fixed term AST expires.
In such case, it is possible to agree to a notice period longer than one month, and it is enforceable.
Member Since January 2011 - Comments: 12193 - Articles: 1396
1:22 PM, 15th August 2014, About 12 years ago
Reply to the comment left by “Romain ” at “15/08/2014 – 13:15“:
Something else you’ve taught me this week Romain, you’re on a roll, and given that you are usually right I suspect you are right in this instance too 🙂
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Member Since August 2013 - Comments: 883
1:40 PM, 15th August 2014, About 12 years ago
Reply to the comment left by “Mark Alexander” at “15/08/2014 – 13:22“:
Thanks, Mark. I learn many things from your posts, so happy to give back 🙂