Paperwork needed when tenants move out?

ET1976

My tenants are returning their keys about 1 week before their tenancy officially ends, as they have bought a place and are ready to move out and get settled before Christmas. They understand that they won't be getting any rent back for the unused time as it is within their 1 month notice period, and unsurprisingly I can't get anyone new to move in just before Christmas.

Is there anything official I need to give them in terms of paperwork when handing over keys/deposit? I was just going have both me and the tenants sign 2 copies of a letter stating that the checkout inspection had been done on X date, the keys had been returned, the deposit of X had been returned by cheque and that both parties agree to the closing of the tenancy X days early with no refund of rent.

Will this do? I'm probably going to get told off now for 'not knowing my obligations as a landlord', but I have looked for information on this and can't find any, and this is the first time I've had anyone move out.

Thanks for any advice.

clutton_2

sounds fine to me - just add " and no deductions for damage" - but only do that on the day.... if there is damage - then add a clause saying that the deposit will be held in full until damages are costed and repairs effected.

ET1976

thanks for your help.

tbs624

ET1976 - is the property in England or Wales and did the T pay this deposit to you after April 6 2007?

If yes to both, did you scheme-register the deposit within 14 days of receipt and have you given the T the prescribed information on the scheme?

Following Clutton's post,

Clutton wrote:

then add a clause saying that the deposit will be held in full until damages are costed and repairs effected.

be aware that you can not unilaterally make a decision on any potential deductions from the deposit: you have to notify any issues to the T in writing, and the T may challenge you if they thin k they have grounds to do so. You also cannot retain the whole deposit if any damage etc comes to less than the full sum - you can only retain the disputed amount and must repay the balance.

As the tenants are giving up their occupation 1 week early, you need to clarify C Tax liability and utility bills/meter readings.

talulahbeige_2

clutton wrote: »

sounds fine to me - just add " and no deductions for damage" - but only do that on the day.... if there is damage - then add a clause saying that the deposit will be held in full until damages are costed and repairs effected.

Isn't the bond covered by the deposit dispute system then?
You dont get to keep all the deposit, juus what it will cost and you have to return it within 10 days

pramsay13

Not sure about elsewhere, but in Scotland we need to give tenants a notice to terminate their lease. I got a copy of this document in one of these legal packs you buy. I simply copy it and fill out sections, giving 2 months notice.
It has all been checked by a lawyer as one of our flats is subject to House in Multiple Occupancy regulations.
It depends where you are, and what your lease arrangements are. I'd imagine if there is a proper lease, there needs to be a proper termination notice to go with it.
Hope that helps.

ET1976

It's in England.

They gave me the notice to end the tenancy (1 month under the AST) so all the paperwork is in order from that end.

The council tax and utilities stuff is in order anyway as I don't have people moving in til mid-Jan so the fact the existing tenants are going 1 week early doesn't make any difference (both me and the tenants will read the meters as part of the checkout and sign off on the readings together).

The deposit was paid back in 2006, it's not in a deposit scheme but I have checked and it does not need to be (tenants aware).

ET1976

no they didn't - i checked that all out some time ago thanks.