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Tenants Notice To End Tenancy - letter template

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  • tbs624
    tbs624 Posts: 10,816 Forumite
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    theartfullodger wrote: »
    Northcoms:

    You say "Shorthold assured tenancy". It's not by any chance a Scottish "Short Assured tenancy" is it as if so yes you may need to give notice to leave at end of fixed term...
    ......that and the reference to "28 days" should of course have flagged up to me the likelihood that the OP was referring to a tenancy in Scotland so I should have queried that first before jumping in . My post does state "for properties in Eng/Wales" and the clarification still applies for property rentals this side of the border

    Gold star for Artful :).
  • jjlandlord
    jjlandlord Posts: 5,099 Forumite
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    tbs624 wrote: »
    Having both parties sign the back of the photos shows that they are an agreed representation of the property's condition, in the same way that the jointly signed inventory does.

    Imo, ideally the pictures should be part of the inventory.
  • girl_withno_name
    girl_withno_name Posts: 1,530 Forumite
    First Anniversary First Post Combo Breaker
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    I just put this:

    Please accept this letter as notice of my intention to leave (address) on the (date) . If you could contact me to arrange an inspection of the property before this date it would be appreciated.
    And included tenant names, property address, contract date, notice date.

    (At one point I was going to be handing in the notice in person very close to the cutoff point, so had included a 'receipt' section which I was gonna ask if they'd be ok to sign, but we missed the cutoff by a week so this wasn't needed in the end)
    You were only killing time and it'll kill you right back
  • rdj808
    rdj808 Posts: 1 Newbie
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    When a Fixed Term tenancy ends, a Statutory Periodic Tenancy automatically takes over on a (usually) month by month basis. This will happen on the day following the end of the Fixed Term, provided the tenant does not leave. It can continue for ever, or until one side gives the other notice. No action is required (other than continuing to pay the rent), no new contract or tenancy agreement need be signed, and no fee need or should be charged. So even if both landlord and agent ask for a new Fixed Term to be signed, by simply not signing, and remaining in the property, the tenant will create a SPT. –

    You are partly correct in what you say however this is only the case if a further tenancy agreement hasn’t been offered and the original tenancy has been allowed to continue on a month to month basis. The fact that you have been offered a new tenancy agreement and have remained in the property (whether signed or not) means that you have accepted the terms of that agreement with all the obligations that it incurs by default. The landlord offered you a tenancy or the opportunity to leave the property at the end of the original tenancy, you have remained in the property you didn’t try to renegotiate the terms, you just failed to sign the agreement. This is a common error that tenants appear to make. We can’t force you to sign the agreement but that doesn’t negate your obligations. We would add that we have tested this in the courts on a number of occasions and won every time.

    Therefore no fee is payable and I do not with an increase in deposit. – Your obligation to pay as above.
  • G_M
    G_M Posts: 51,977 Forumite
    Name Dropper First Anniversary First Post Combo Breaker
    edited 12 June 2013 at 11:35PM
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    Complete rubbish.

    They are either bluffing, or are ignorant.

    But the fact they claim to have tested this is in the courts (and won..!!) indicates to me they are bluffing & actually know only too well what the reality is. Lying through their teeth.

    Section 5 of the Housing Act is clear. A Periodic Tenancy arises automatically when a Fixed Term ends. It is not a question of "allowed to continue on a month to month basis."

    Yes, if LL & tenant agree a new tenancy (ie each sign a new contract), then that would create a new contract. But a new contract cannot arise simply by being offered by one side!
  • mrginge
    mrginge Posts: 4,843 Forumite
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    rdj808 wrote: »
    When a Fixed Term tenancy ends, a Statutory Periodic Tenancy automatically takes over on a (usually) month by month basis. This will happen on the day following the end of the Fixed Term, provided the tenant does not leave. It can continue for ever, or until one side gives the other notice. No action is required (other than continuing to pay the rent), no new contract or tenancy agreement need be signed, and no fee need or should be charged. So even if both landlord and agent ask for a new Fixed Term to be signed, by simply not signing, and remaining in the property, the tenant will create a SPT. –

    You are partly correct in what you say however this is only the case if a further tenancy agreement hasn’t been offered and the original tenancy has been allowed to continue on a month to month basis. The fact that you have been offered a new tenancy agreement and have remained in the property (whether signed or not) means that you have accepted the terms of that agreement with all the obligations that it incurs by default. The landlord offered you a tenancy or the opportunity to leave the property at the end of the original tenancy, you have remained in the property you didn’t try to renegotiate the terms, you just failed to sign the agreement. This is a common error that tenants appear to make. We can’t force you to sign the agreement but that doesn’t negate your obligations. We would add that we have tested this in the courts on a number of occasions and won every time.

    Therefore no fee is payable and I do not with an increase in deposit. – Your obligation to pay as above.

    :rotfl::rotfl::rotfl::rotfl::rotfl::rotfl::rotfl:
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