UK Landlord Forum / Life

My tenants who have been letting my property for a few years have asked to have a monthly rolling contact now (because they are thinking of moving). I have previously given them a 12 month contract each time which tied them in for a year each time and no where on the contract does it mention that it would go onto a monthly rolling contract when it expires.
So I'm wondering:

Do I need to give them a new contract that mentions a monthly rolling contract in it? Or would this go without saying in any contract anyway that it would naturally go onto a monthly rolling contract at the end of the 12 months?

They have kindly said they will actually give me 2 months notice when they intend to leave. They told me this over text message. Should I get them to sign something in writing to confirm this? If so would this be written in the main contract or separately somewhere? Or do I just hope that they do & have nothing in writing?!

Many thanks for any help!

Good morning, you can just use your current tenancy agreement, I would advise that you could write a letter that both you and your tenant both sign stating that their tenancy will continue at the current rent and the 2 months notice.

You don't need to do anything in order to continue on a periodic (rolling tenancy) Strictly speaking the tenant does not have to give more than one month notice to you,and I doubt if getting something else signed would override that.It sounds as if they are going to be cooperative anyway.

I dont see any point in signing anything.

In periodic tenancy the tenant only has to give 1 month's notice (assuming they pay monthly)

Quote from: Brizzle on March 12, 2019, 10:03:48 AMThey have kindly said they will actually give me 2 months notice when they intend to leave. They told me this over text message. Should I get them to sign something in writing to confirm this?

It doesn't matter. It's not legally enforceable - you can't override statute with your own terms... if the agreement stands, so be it, but you cannot enforce it with any special terms you might write into anything. Fingers-crossed, ey? Some people will say anything.

Quote from: Brizzle on March 12, 2019, 10:03:48 AM...and no where on the contract does it mention that it would go onto a monthly rolling contract when it expires.

It really doesn't need to. A SPT arises automatically when the fixed term of an AST ends. You can spell it out in the AST if you so desire... but it's implied.

Quote from: Hippogriff on March 12, 2019, 01:55:53 PM

Quote from: Brizzle on March 12, 2019, 10:03:48 AMThey have kindly said they will actually give me 2 months notice when they intend to leave. They told me this over text message. Should I get them to sign something in writing to confirm this?

It doesn't matter. It's not legally enforceable - you can't override statute with your own terms... if the agreement stands, so be it, but you cannot enforce it with any special terms you might write into anything. Fingers-crossed, ey? Some people will say anything.

Parties can agree longer notice period on a contractual periodic tenancy. At least one complete period on a notice to quit (for tenancy period less than yearly) is a common law requirement not a statutory one, it can be modified by agreement.

For SPT, parties can propose different tenancy terms under s6 within a year of the SPT arising.

At the end of the day though,what are you going to do if the other party decides to renege on the agreement? What the law says,and what is realistically possible are two different things.A tenant who gives a months notice would probably have the law on their side if dispute arose. 

Just to say thank you to everyone who replied and for clearing that up for me! Much appreciated