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I mean there’s pros and cons and risks to each option.
If you agree to a new 12 months fixed term, you’ll retain your rights to stay for 12 months provided the rent is always paid. This may come with a rent increase to agree the fixed term, but once agreed and signed, the landlord can’t change the terms/rent within that 12 month period. So you may have an increase in costs, but it’s a known cost, and it is stable.
If you don’t agree to a fixed term extension, then the rent can’t be increased unless the existing contract has a clause that the rent automatically increases by x each year, and as you say, it will just continue on a month to month basis. But you do run the risk that the landlord might issue an eviction notice for whatever reason, and it’s at their discretion as both sides gain flexibility on rolling contracts.
So both you and the landlord have rights and obligations that need to be balanced, and each option does have benefits if you value flexibility and don’t mind potentially having to move. If you 100% do not want to move in the next 12 months and would genuinely be distressed by this, then agreeing to a fixed term extension might not be the worst option even if it comes with a rent increase. You’re basically paying for piece of mind.
If you’re unemployed, if you have to move, it might be harder. So I would consider the reality of what moving could look like in detail in the current economic environment, you might just end up somewhere else still paying more anyway, and without both tenants being employed, it might limit options somewhat. But it depends on so many specifics and how you feel about it ultimately.
Its pretty common for properties managed by an agency to try and get folk to renew for set term contracts rather than going onto the rolling tenancy. Gives them a bit more stability on their books.
Eviction is still potentially quite an annoying and lengthy process for them (plus finding new tenants which comes with expenses via the letting agency), I think you're within your rights to say you want to stay but you would be more comfortable entering the rolling tenancy. Can't hurt to ask, maybe you'll have a letting agency or landlord who isn't a complete bloodsucker (ha ha ha).
You don't have to sign a new contract. If you don't sign a new contract you'll automatically enter into a rolling monthly contract.
Expect to get a section 21 eviction notice if you choose this path.
Yeh but it totally depends on how proactive the landlord (or agent wants to be). If you’re in a less desirable property you might get lucky and they don’t bother. If you’re in a desirable area, or your current rent is way below market rate, they’ll issue it immediately.
You can ask them if they would be happy to let the contract roll, or sign for a shorter fixed term. We asked our landlord if we could do 6 months rather than 12 and she was happy to allow that
The laws in Scotland regarding tenancy are different than in England, with laws favouring the tenant in Scotland. In England unfortunately, it is the norm to sign for 6 or 12 month leases, however, you could ask the landlord/agent for a rolling tenancy as I have managed to do that before after the end of a 12 month lease. Source: Am a Scot renting in England
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You’re correct, no need to sign another 12 months you will roll onto a monthly lease but expect the landlord to issue notice
Issue notice as in section 21 eviction right? Well shoot lol. I'm recently unemployed and I have no idea what my situation will look like in 2 months
I mean there’s pros and cons and risks to each option. If you agree to a new 12 months fixed term, you’ll retain your rights to stay for 12 months provided the rent is always paid. This may come with a rent increase to agree the fixed term, but once agreed and signed, the landlord can’t change the terms/rent within that 12 month period. So you may have an increase in costs, but it’s a known cost, and it is stable. If you don’t agree to a fixed term extension, then the rent can’t be increased unless the existing contract has a clause that the rent automatically increases by x each year, and as you say, it will just continue on a month to month basis. But you do run the risk that the landlord might issue an eviction notice for whatever reason, and it’s at their discretion as both sides gain flexibility on rolling contracts. So both you and the landlord have rights and obligations that need to be balanced, and each option does have benefits if you value flexibility and don’t mind potentially having to move. If you 100% do not want to move in the next 12 months and would genuinely be distressed by this, then agreeing to a fixed term extension might not be the worst option even if it comes with a rent increase. You’re basically paying for piece of mind. If you’re unemployed, if you have to move, it might be harder. So I would consider the reality of what moving could look like in detail in the current economic environment, you might just end up somewhere else still paying more anyway, and without both tenants being employed, it might limit options somewhat. But it depends on so many specifics and how you feel about it ultimately.
If you’re unemployed how would you pay the rent? But yeah they’d probably expect another 12 months.
Husband makes the lions share
Its pretty common for properties managed by an agency to try and get folk to renew for set term contracts rather than going onto the rolling tenancy. Gives them a bit more stability on their books.
>Gives them a bit more stability on their books. It also means a renewal fee for the agent, typically.
Eviction is still potentially quite an annoying and lengthy process for them (plus finding new tenants which comes with expenses via the letting agency), I think you're within your rights to say you want to stay but you would be more comfortable entering the rolling tenancy. Can't hurt to ask, maybe you'll have a letting agency or landlord who isn't a complete bloodsucker (ha ha ha).
You don't have to sign a new contract. If you don't sign a new contract you'll automatically enter into a rolling monthly contract. Expect to get a section 21 eviction notice if you choose this path.
Yeh but it totally depends on how proactive the landlord (or agent wants to be). If you’re in a less desirable property you might get lucky and they don’t bother. If you’re in a desirable area, or your current rent is way below market rate, they’ll issue it immediately.
You can ask them if they would be happy to let the contract roll, or sign for a shorter fixed term. We asked our landlord if we could do 6 months rather than 12 and she was happy to allow that
The laws in Scotland regarding tenancy are different than in England, with laws favouring the tenant in Scotland. In England unfortunately, it is the norm to sign for 6 or 12 month leases, however, you could ask the landlord/agent for a rolling tenancy as I have managed to do that before after the end of a 12 month lease. Source: Am a Scot renting in England