A rolling tenancy agreement is a tenancy agreement with no end date and both the landlord and the tenant have the right to end the tenancy by serving notice. The required notice depends on the payment frequency (weekly vs monthly), the type of agreement they have entered into and the grounds for serving notice.
How long can you be on a rolling contract?
There is no limit on how long a rolling contract can continue. However, it may not give either party the security of knowing how long the tenancy may go on for. The rolling contract may continue until it is brought to an end by giving the requisite notice period.
Are rolling tenancies legal?
Rolling tenancies are legal and are basically tenancies without a fixed end date or tenancies which have passed the fixed term end date and now roll either week to week or month to month.
How much notice do I give for a rolling tenancy?
Where the agreement is silent on notice the tenant must give at least 1 month notice if rent is due monthly and 4 weeks notice if the rent is due weekly. If the agreement states it will continue as a contractual periodic tenancy after the fixed term the tenant will need to give the notice specified in the agreement.
If a landlord wishes to give a notice to quit, the period must be at least 4 months where the notice has been given after 1 June 2021 (as a result of COVID-19). Please note that you must have met the following conditions before serving notice:
- Protected the tenant(s) deposit in a DPS
- The date the tenant must leave is at least 6 months after the original tenancy began
- They have a periodic tenancy (or it is a fixed term tenancy and you are not asking them to leave before the end of the fixed term).
For more information follow the government guidance which can be found here.
Can my landlord evict me on a rolling contract?
A landlord can not remove a tenant by force and if the notice period expires and the tenant does not leave the property a landlord can start the process of evicting through the courts.
Depending on the type of the tenancy the process will differ:
- Fixed term tenancy: You must give the tenant a Section 8 notice if the tenant has broken the terms of the tenancy.
- Periodic tenancy: You must give the tenant a Section 21 notice if you want the property back after the fixed term ends or if it is a periodic tenancy without a fixed end date.
There are rules in relation to service of eviction notices which can be found here.
