Is a rolling AST enforceable?

by Readers Question

11:59 AM, 15th August 2014
About 6 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?



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Mark Alexander

12:03 PM, 15th August 2014
About 6 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 6 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 6 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 6 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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