Hi.
I am a tent about to sign a 12 months tenancy agreement on a flat.
My question is: Is it possible to include a clause in the contract that would make the tenancy become a rolling tenancy after the initial 12 months fix term?
Many thanks Luke.
That happens automatically by statute or by contract. You just have to persuade the landlord/agent that they shouldnt insist on a new contract at the end of the term.
If the tenancy is with an agent it is likely they will want a new contract every year. They will want to charge the LL for arranging a new tenancy. It’s an income stream for them.
You should get it in the original contract that after the initial period, the contract will continue has a contractual tenancy based on the terms of the original tenancy, otherwise it will revert to a periodic contract under statute law. There might well be terms in the initial tenancy which you will lose if the tenancy becomes period without you first getting the tenant to sign that it will continue under the original terms.
I did discussed this with the estate agent and they said the landlord is happy for the tenancy to become rolling after the initial 12 months fix term.
I just wanted to know is it possible to have that written into the initial contact so it will become a rolling tenancy automatically.
As my concern is the landlord may otherwise requested a nother 12 months if the original contract won’at roll on automatically.
I do appreciate they could still serve me notice and insist on the new 12 months fix term contract to be signed but I would find that rather less probable.
As I said, its automatic and doesnt need to be written into the contract. After a fixed term ends, a periodic tenancy arises immediately by virtue of s5(2) of the Housing Act 1988.
So my takeaway her is: effectively there is no way to have it guaranteed and it will ultimately be the choice of the landlord if they are going to keep their word and continue as a rolling tenancy or insist on a nother 12 months fixed?
Yes, thats the case. You can decline to sign a new tenancy agreement and the periodic tenancy will still continue. However, if the landlord is not happy, they will just give you notice.
Its often agents persuading landlords to “renew” tenancy agreements as its how they make their money. However, its not in the landlords interest and most sensible landlords will let the tenancy go perioduc as soon as possible.
On my tenancies it does explain that it goes periodic after the fixed term so yes you can have it stated in the tenancy.
Thanks Chris I did think it must be possible as a tenancy contract I had about 5 years ago had a similar close.
The point I was making is that it makes no difference. You can have a tenancy that becomes contractual periodic on expiry of the initial term and in this case its written into the contract. Alternatively you can have a fixed term tenancy and this becomes periodic on expiry by statute. From a tenants pov its the same. In both cases, the landlord can either allow it to continue as periodic or try to force a new agreement.
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