Assured Shorthold Tenancy Query - Not allowed rolling month ?

Can any one help ? Advise ?.....

I have an Assured Shorthold Tenancy agreement on my flat. It is up for renewal and the landlord has offered another 6 months (I have already had a 1 yr, followed by a 3 month up to 6 month contract. I stayed the whole 6 months. It's now up for renewal).

I asked if I could have a rolling month by month agreement but they said " ....your Landlord is unable to offer that at this time" and offered a 6 month fixed term.

Are they in there rights to refuse a rolling month by month irrespective of them being unable to offer it at this time ?

I wanted to rent until the house I'm buying would be ready to be moved into a month after the end of the 6 months so I only wanted an extra 1 month. However, the agents acting on behalf of the Landlord told me it was law that they can NOT provide a rolling month on an Assured Shorthold so I went ahead and booked a (non-refundable and costly) hotel for a few weeks starting on the day I have to move out until the day I can move into my house (perhaps a month in total in the hotel).

However, I have since been informed and read if you are on a Assured Shorthold Agreement, you can go onto a rolling month. Could I have gone on this even though the Landlord didn't want me to ? Was he and the agents within there rights to refuse a rolling month ? or does he have the final word and doesn't have to agree to a rolling month.

All sensible help and advise appreciated and grateful.

If you are on a fixed term,you must be served with an S21 notice which is a notice to quit.The landlord must serve this two months before the end of the term ie. before the end of the 4th month if a six month term

Thanks for the reply.

The thing I wasn't notified until a letter arrived dated 10th Sep (exactly 2 months from the end date of Nov 9th) asking me if I wanted to go for another 6 months fixed. I didn't want another 6 months, and wanted a rolling month by month. He said he didn't want that and it is 6 months fixed or nothing.

So I said no thanks so they have now said the end date to move out is 9th Nov.

My question is did I have a choice of a rolling month even if he didn't want one ? If he didn't want to offer me a rolling month, should he (by law) give me 2 months notice thus moving the move out date to the 9th Dec considering I didn't get notification until exactly 10th Sep (which was only an offer of another 6 months and not notification to move out) ?

Any thoughts ? advice anyone ?

If you haven't already been served with a Notice Requiring Possession (and your posts suggest this is the case) then the earliest you can be asked to leave is 9th December, assuming the 9th is the date your rent is paid.

As a tenant on a fixed term tenancy you have the option to either leave on the last day of that fixed term or stay and automatically revert to a periodic (rolling) tenancy.

However, the above assumes you have not received a notice to quit the property from the landlord/agent which is required to be two full 'tenancy' months. If the landlord as protected your deposit in the correct manner and served the timely notices you'll be required to leave.

If you don't leave at the end of a fixed tenancy period (having not been served the correct notice) you are required to give one full months notice ( or as you may have agreed in your tenancy agreement) to tie in with a rent period when you want to leave.

It sounds as if you may have already left the property in which case you may want to take it up with the agents, or more likely put it down to experience and get on with it.

Can any one help ? Advise ?.....

 

I have an Assured Shorthold Tenancy agreement on my flat. It is up for renewal and the landlord has offered another 6 months (I have already had a 1 yr, followed by a 3 month up to 6 month contract. I stayed the whole 6 months. It's now up for renewal).

 

I asked if I could have a rolling month by month agreement but they said " ....your Landlord is unable to offer that at this time" and offered a 6 month fixed term.

 

Are they in there rights to refuse a rolling month by month irrespective of them being unable to offer it at this time ?

Forget this "rolling" stuff. There are two possibilities:

1. Fixed term expires. Housing Act 1988 operates; s.5(3) creates an automatic statutory periodic tenancy, as a continuation of the fixed term. L cannot refuse this- it happens by operation of law, unless a new letting is granted (or you leave).

2. Fixed term expires. L grants to you a new contractual monthly tenancy. L can refuse this.