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Tenants Notice To End Tenancy - letter template
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# 1
northcoms
Old 28-08-2012, 8:08 AM
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Lightbulb Tenants Notice To End Tenancy - letter template

Hi everyone,

as we are in the process of moving due to work commitments, I was doing some research online for a suitable letter template to send to my letting agency (one of the nationals). I though I would post it on MSE for other tenants to use if they wish. Hope you find it useful. This letter should be sent by recorded delivery to your landlord of a shorthold assured tenancy. The required notice period of 28 days or one calendar month before the end of your tenancy contract date or if in a rolling week-by-week or month-by-month rolling, notice until your next rent date is due.

Tenant’s Notice to End the Tenancy

Name of Landlord / Letting Agency

Address Line 1

Address Line 2

County
Postcode

Day/Month/Year (In Full)

Dear landlords' name / letting agency,


I hereby give notice to terminate my tenancy at address of your rented property, address line 2, town, county, postcode.

I am hereby sendinglandlords' name / letting agency an advanced notice of 28 days’ notice, in accordance with my rental agreement.

The last day of my tenancy will be the Day/Month/Year (In Full). I request the right to be present during inspection of the premises for damages. To the best of my knowledge the current state of the property matches the initial inventory and description when I entered into the rental agreement with you on the Day/Month/Year (In Full). I have time stamped images taken from the start of the tenancy to corroborate that no damage has occurred to the property during the duration of my tenancy. Fair wear and tear may not be deducted from my deposit amount of £ amount.

I shall advise landlords' name / letting agency of my forwarding address when this has been confirmed or insert if known.

Pursuant to the terms of my rental agreement, please return my security deposit within 14 days of the end of my tenancy agreement on the day/month/year (in full).

Thank you.

Your Current Rental Address
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# 2
tbs624
Old 28-08-2012, 9:58 AM
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Welcome as a newbie poster.

Notwithstanding your good intentions, some clarifications:

(a) for properties in Eng/Wales there is no need for a T to give formal notice to the LL if they are merely moving out at the expiry date of their Fixed Term. It is courteous though for a T to let the LL know of their plans.

(b) under a statutory periodic agreement the tenancy period does not always align with a rent due date - if the Fixed Term ends on say the 15th of the month then the subsequent tenancy periods (where rent is payable pcm) will run on from 16th of one month to the 15th of the following. LL would need to have received notice by the 15th of the month, even if the rent due date was the 1st of the month

(c) it is better to send Notice (in good time) by first class post using a certificate of posting, or hand deliver with a witness. Intended recipients can refuse to sign for/fail to go and collect RD mail.

(d) a T already *has* the right to attend a check out inspection: they do not need to seek to be granted it by the LL although it may be worthwhile for the T to state that they intend to be there.

(e) you mention 28 days notice in the template - this would only be the case if rent was paid "lunar monthly" or weekly.

(f) the tenancy deposit schemes processes mean that a T can begin reclaiming their tenancy deposit via the scheme itself as soon as the tenancy has ended.

Edited to add - one of the regular posters , G_M, has a post with useful guidance on bringing a tenancy to an end. Someone will jopefully have bookmarked the link and will post it up

Last edited by tbs624; 28-08-2012 at 10:11 AM.
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# 3
G_M
Old 28-08-2012, 11:55 AM
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OP - you meant well, but unfortunately made a number of errors.

Thanks tbs, for correcting the errors in the OP's post.

This post here may also be useful:

Ending/Renewing an AST
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# 4
theartfullodger
Old 28-08-2012, 12:22 PM
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Quote:
Originally Posted by northcoms View Post
..........This letter should be sent by recorded delivery to your landlord of a shorthold assured tenancy.
.....
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...
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# 5
jjlandlord
Old 28-08-2012, 12:23 PM
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Quote:
Originally Posted by tbs624 View Post
(d) a T already *has* the right to attend a check out inspection: they do not need to seek to be granted it by the LL although it may be worthwhile for the T to state that they intend to be there.
If inspection takes place before the end of the tenancy, obviously nothing can prevent T from being there.
However, if landlord inspects after tenancy has ended I believe that T has no automatic right to be there since he has no right to be at property at all without landlord's express invitation.


Quote:
Originally Posted by tbs624 View Post
(e) you mention 28 days notice in the template - this would only be the case if rent was paid "lunar monthly" or weekly.
4 week notice is for any tenancy period not exceeding 4 weeks. [in England or Wales]
Edit: Just to add that "rent was paid monthly" does not always imply that the period of the tenancy is 1 month.
Blunt but fair

Last edited by jjlandlord; 28-08-2012 at 5:03 PM.
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# 6
tbs624
Old 28-08-2012, 1:35 PM
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Quote:
Originally Posted by jjlandlord View Post
4 week notice is for any tenancy period not exceeding 4 weeks. [in England or Wales]
Thanks for your respond post You are of course right - but usually a tenancy "not exceeding 4 weeks" would be, as I said, either a weekly tenancy or one where the rent is payable per "lunar month", ie every 28 days/4 weeks
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# 7
G_M
Old 28-08-2012, 2:49 PM
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Quote:
Originally Posted by theartfullodger View Post
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...
This is an importantpoint since much of the advice given relates to Eng/Wales and NOT Scotland.
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# 8
G_M
Old 28-08-2012, 4:18 PM
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Quote:
Originally Posted by Eton Rifle View Post
I fear the tone of your letter, comically pompous yet belligerent, is perhaps not the best approach. Just state the cold facts as the experts above set out.

I really would give the agent's integrity the benefit of the doubt at this stage. Trying to intimidate someone and implying they are untrustworthy is rarely well received.
I tend to agree with this.

Actually, unless your relationship has benn totally destryed already, I would use a friendly letter style. Yes, include the important info (address, dates etc) but combine it with thanks for their help over the years etc etc - a bit of civility goes a long way!

There is no requirement for the notice to be in any particular format, provided it contains the key info - so why be confrontational/legalistic.

Unless, as I say, you want to be confrontational/legalistic.

Perhaps instead of " the right to be present during inspection " why not a more cooperative "I shall give you a ring around the (date a few days ahead of last date) to arrange a mutually convenient time for inspection, hand-over of keys, and final meter readings etc, and look forward to seeing you then."

As a landlord, I know which approach would make me morelikely to overlook a few paint scrapes on the walls etc, and which would make me record/photograph every speck of dust!

Last edited by G_M; 28-08-2012 at 4:22 PM.
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# 9
G_M
Old 28-08-2012, 5:11 PM
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Quote:
Originally Posted by Eton Rifle View Post
This has made me wonder about the photographs.
I take them too in an attempt to protect myself as a tenant (although I shoot in raw format so I can theoretically prove they are undoctored) but how would they be regarded by a resolution service?

Would they be merely circumstantial evidence because they're not on the signed inventory? A tenant could easily fake a set of timestamped photos and it would be interesting to know how such photos, or even raw format photos, would be received if presented as evidence.
An interesting question - I have no idea/experience!

we regularly advise both tenants and landlords here to use photos, but I don't actually know how the 3 arbitration services treat them in practice.

Why not start a new thread with relevant title asking for people's experience?
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# 10
JonnyBravo
Old 28-08-2012, 5:45 PM
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As a landlord I use a video camera to film myself and my tenant carrying out the inventory.
I've never had recourse to use any of them, but had tenants more than happy with the process as I've pointed out it helps stop abuse of the process by either side!
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# 11
tbs624
Old 28-08-2012, 7:20 PM
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Quote:
Originally Posted by G_M View Post
An interesting question - I have no idea/experience!

we regularly advise both tenants and landlords here to use photos, but I don't actually know how the 3 arbitration services treat them in practice.
There is some useful guidance on the use of photos from TDS

http://www.thedisputeservice.co.uk/r...-v20110308.pdf

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.
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# 12
tbs624
Old 28-08-2012, 7:37 PM
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Quote:
Originally Posted by theartfullodger View Post
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 .
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# 13
jjlandlord
Old 28-08-2012, 7:47 PM
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Quote:
Originally Posted by tbs624 View Post
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.
Blunt but fair
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# 14
girl_withno_name
Old 28-08-2012, 9:55 PM
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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
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# 15
rdj808
Old 12-06-2013, 2:25 PM
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Default My letting agency's response to SPT..is she right?!

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.
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# 16
G_M
Old 12-06-2013, 10:53 PM
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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!

Last edited by G_M; 12-06-2013 at 11:35 PM.
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# 17
mrginge
Old 12-06-2013, 11:32 PM
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Quote:
Originally Posted by rdj808 View Post
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.
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