Switching from annual to rolling tenancy – RISKS?
I’ve had a tenant for the last two years on a yearly tenancy. I have just issued another tenancy for another year because I have always felt more secure issuing a new tenancy every year. However the tenant has asked for a rolling tenancy.
Firstly, what are the implications of putting in a rolling tenancy? Does this have any legal problems to be aware of, if and when the tenant vacates the property, or any other issues that I should be aware of?
Can the present tenancy, which has just been signed, have a letter endorsed to say it is a rolling tenancy, assuming I go down this route.
Comments on this situation would be appreciated.
Rex
Comments
Have Your Say
Every day, landlords who want to influence policy and share real-world experience add their voice here. Your perspective helps keep the debate balanced.
Not a member yet? Join In Seconds
Login with
Previous Article
Section 20 renovation works rip off - HELP!
Member Since August 2013 - Comments: 883
8:27 PM, 21st October 2014, About 12 years ago
Reply to the comment left by “Peter & Di Cole” at “21/10/2014 – 20:13“:
Hi Peter,
As this in all likelihood creates a new tenancy, do not forget to make sure that the deposit remains protected and to give the PI again within 30 days every time.
Member Since September 2013 - Comments: 96
8:42 PM, 21st October 2014, About 12 years ago
Romain, all our tenants deposits are held in the Deposit Protection Scheme. What does PI stand for?
Member Since August 2013 - Comments: 883
8:52 PM, 21st October 2014, About 12 years ago
Reply to the comment left by “Peter & Di Cole” at “21/10/2014 – 20:42“:
PI stands for Prescribed Information and means the set of information (inc. deposit schemes documents) that _must_ be given to the tenant within 30 days of a deposit being received (which also means within 30 days of a new tenancy being created).
Member Since July 2013 - Comments: 233
11:14 PM, 21st October 2014, About 12 years ago
Reply to the comment left by “Romain ” at “21/10/2014 – 17:32“:
Hi Romain,
I think we have been through this before?
However, if you don’t mind can I ask your guidance on Three scenarios, the first probably easier than others.
1. If a tenant leaves during the fixed term and advises the council he is living somewhere else the council will just charge us anyway. What grounds do we quote that they are out of order?
2. The same question but if a tenant leaves after the fixed term but without giving notice to quit.
3. Again the same question but if a tenant gives notice but leaves before the expiry of his notice.
Member Since August 2013 - Comments: 883
8:38 AM, 22nd October 2014, About 12 years ago
Reply to the comment left by “Ray Davison” at “21/10/2014 – 23:14“:
Hi Ray,
Yes, I think we have 😉
In cases 2 and 3 you don’t have any legal come back. Your only protection is to have relevant clauses in your tenancy agreements, making the tenant liable to you if you become liable to the council.
In case 1, legally the tenant remains liable for council tax until the end of the fixed term tenancy because he is still the ‘owner’ of the property for the purpose of section 6 of the Local Government Finance Act 1992 (which defines who’s liable for council tax on any given day).
This was confirmed/clarified by case law, though I can’t remember the reference.