Residential Tenancy Termination
This month we have added to our Property folder a range of notices for residential tenants to send to their landlords in order to bring the tenancy to an end. Different notices are required for different scenarios. Our new template notices cater for four situations.
All of the notices are accompanied by guidance notes explaining how to calculate the date on which the tenancy is to end.
Vacating at the end of the fixed term
If a tenant intends to leave the premises at the end of the fixed term of a tenancy, there is no need to give any formal notice to the landlord. However, it is courteous to keep the landlord informed of your plans and useful to remind the landlord that the tenancy deposit will need to be returned. Our template Tenant Vacating Letter covers these points.
Terminating a periodic AST
If the landlord does not serve a Section 21 Notice, an assured shorthold tenant is allowed to remain in occupation of the property after the end of the fixed term of his tenancy. The tenancy becomes a “periodic” AST. The periodic tenancy can be terminated by the tenant using the Tenant’s Termination Letter.
Notice to Quit
Our Tenant’s Notice to Quit can be used to bring to an end a periodic residential tenancy which is not covered by one of the statutory regimes. Examples include tenancies at a rent of more than £100,000 per year and lettings of property that is not used as the tenant’s only or principal home.
Break Notices
Tenancies cannot be terminated during the fixed term unless the tenancy agreement contains a break clause (also known as an option to determine). Our new Landlord’s Break Notice and Tenant’s Break Notice can be used by the landlord and tenant respectively to bring the tenancy to an end.
All of the notices are accompanied by guidance notes explaining how to calculate the date on which the tenancy is to end.
Vacating at the end of the fixed term
If a tenant intends to leave the premises at the end of the fixed term of a tenancy, there is no need to give any formal notice to the landlord. However, it is courteous to keep the landlord informed of your plans and useful to remind the landlord that the tenancy deposit will need to be returned. Our template Tenant Vacating Letter covers these points.
Terminating a periodic AST
If the landlord does not serve a Section 21 Notice, an assured shorthold tenant is allowed to remain in occupation of the property after the end of the fixed term of his tenancy. The tenancy becomes a “periodic” AST. The periodic tenancy can be terminated by the tenant using the Tenant’s Termination Letter.
Notice to Quit
Our Tenant’s Notice to Quit can be used to bring to an end a periodic residential tenancy which is not covered by one of the statutory regimes. Examples include tenancies at a rent of more than £100,000 per year and lettings of property that is not used as the tenant’s only or principal home.
Break Notices
Tenancies cannot be terminated during the fixed term unless the tenancy agreement contains a break clause (also known as an option to determine). Our new Landlord’s Break Notice and Tenant’s Break Notice can be used by the landlord and tenant respectively to bring the tenancy to an end.
The contents of this Newsletter are for reference purposes only and do not constitute legal advice. Independent legal advice should be sought in relation to any specific legal matter.