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Liz100
06-04-2010, 21:04 PM
We're letting out a property under a standard 6 month assured short term tenancy Agreement. Our tenants have been superb but the agreement has now come to an end and they have asked if they can move to a rolling contract with one month's notice rather than signing up for another 6 months.

This is fine by us but I wanted to check that we are not exposing ourselves to any risks by doing this?

Also, do we need to create another Agreement to reflect a rolling one month arrangement or do we revert to this by default if we simply continue to accept monthly rent without signing another contract?

Advice gratefully received as always.

mind the gap
06-04-2010, 21:56 PM
We're letting out a property under a standard 6 month assured short term tenancy Agreement. Our tenants have been superb but the agreement has now come to an end and they have asked if they can move to a rolling contract with one month's notice rather than signing up for another 6 months.

This is fine by us but I wanted to check that we are not exposing ourselves to any risks by doing this?

Also, do we need to create another Agreement to reflect a rolling one month arrangement or do we revert to this by default if we simply continue to accept monthly rent without signing another contract?

Advice gratefully received as always.

No risks, other than the fact that they are bound for less time than with a 6 month contract - but so are you (they can give one month's notice to end of the last day of a rental period; you must give two)

You do not need to create another Agreement - the original tenancy will become a statutory periodic tenancy - the terms and conditions will remain the same apart (except that the fixed term will have ended).

jeffrey
07-04-2010, 01:49 AM
Post #2 is correct if what you granted is indeed an AST or an SAT. No matter what the document states, it's within the Housing Act 1988 only if:
a. T is occupying as only/main home [see s.1]; and
b. none of the exceptions applies [see Schedule 1].

And therefore the statutory continuation rules apply if it's within the Act- not otherwise.