Ending periodic tenancy agreement

ComputeAngel

Hi Guys,

I am planning to end my periodic tenancy agreement. I have few questions if you can help me out.

- Do I have to send the letter to LL or LA?
- Can anybody kindly share the sample template letter please?
- Can I withhold my last month's rent in case LL does not return the deposit. I have looked at the shelter website but it does not clearly says if it is legal or not.
Thanks

G_M

ComputeAngel wrote: »

Hi Guys,

I am planning to end my periodic tenancy agreement. I have few questions if you can help me out.

- Do I have to send the letter to LL or LA?
LL. At the address provided "for the serving of notices" (usually on your tenany agreement). No harm in sending a copy to the agent as well.

- Can anybody kindly share the sample template letter please?
Dear Mr LL,
Please accept this as notice to end my tenancy on xx/xx/14. I should be grateful if you could let me know in due course what arrangements you wish to make for return of the keys, ispection, and return of my deposit.

With many thanks for your help over the period I have lived here.

Yours sincerely

A Tenant

- Can I withhold my last month's rent in case LL does not return the deposit. I have looked at the shelter website but it does not clearly says if it is legal or not.
Thanks

No. That would be a breach of the tenancy. You'd be in rent arrears. And why do you want to? Deposit registration was introduced precisely to protect your deposit

Make sure you give the correct notice period. See

Ending/Renewing an AST (what happens when the Fixed Term ends?)(What is a Periodic Tenancy?)(How can a LL remove a tenant?)(How can a tenant end a tenancy?)

ComputeAngel

Thanks G_M,

Regarding withholding deposit, What I understand is they have 10 days to return the deposit but if they dispute the full deposit return then there is no time frame for ADR.

I have two concerns

- If they go for ADR, there is no time frame for how long they can keep it . One of my friend has disputed with EA (his deposit was protected) and its been 6 months and he has not received his deposit back yet.
- secondly if they go for ADR then I have to take a day off from my office to go there and I will lose one day salary for that

if I pay last month rent with my deposit, then for any claims they have to come to me rather than me chasing them.

G_M

Most Lls use the deposit scheme arbitration process. Very rarely do they opt not to. This does not require attendance so no lost salary.

What makes you think the LL will make an unfair deposit deduction? or one that you would not wish to accept?

ComputeAngel

It is the reputation (n past experience) of the EA that made me think that they will most probably try to deduct at least half the deposit amount that's why i wanted to use deposit for last month rent

Pixie5740

Did you sign an inventory when you moved in? That should have detailed the condition of the property when the tenancy started. Remember that the onus is on them to prove that you have caused any damage over and above fair wear and tear.

When you move out just log into whichever scheme is holding your deposit and claim the full amount back. If the LA wants to dispute it then fine but they have to produce evidence that the deductions are fair.

ComputeAngel

Yes, I have signed the inventory but I haven't taken any pictures at that time. I am not sure if they have any pictures when I moved in.

There was a issue with the property about a year ago and I requested (by email) them to fix it n they sent a person to provide quote but then never fixed it. Don't want them to put the blame on me n deduct it from deposit.

dimbo61

If you do not pay the rent the LL can get a default against you ( Bad for credit score)
If the LL/LA dispute the condition of the property when returned ( Take lots of dated photos with smart phone GOOD ONE) They have to prove condition when you moved in with good quality photos or video!
You go to DPS and ask for full deposit back and sue ( Letter before Action) and take LL to court he/she will lose.
Do not agree to any deductions UNLESS you have done damage which is plain to see