Is a rolling AST enforceable?

by Readers Question

11:59 AM, 15th August 2014
About 4 years ago

Is a rolling AST enforceable?

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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.  Is a rolling AST enforceable?

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



Comments

Mark Alexander

12:03 PM, 15th August 2014
About 4 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.
.

Romain Garcin

13:15 PM, 15th August 2014
About 4 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.

Mark Alexander

13:22 PM, 15th August 2014
About 4 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 🙂
.

Romain Garcin

13:40 PM, 15th August 2014
About 4 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 🙂


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