notice

G_M

Belt and braces

1) Section S21 Notice (followed by court order for possession if necessary). Note as the tenancy started before 2015, you use the old version of S21, giving 2 calender months, not the new Form 4a)

2) A Deed of Surrender whereby you and she agree to end the tenancy on XX date (see below)

A Deed of Surrender dated I]leave space to write in date[/I2018

1. Parties

1.1 The Tenant: I]insert tenant's full name and address[/I

1.2 The Landlord: I]insert landlord's full name and address[/I

2. Definitions

In this Deed:

2.1 "the Agreement" means an Agreement dated I]insert date[/I made between the Landlord (1) and the Tenant (2)

2.2 "the Premises" means I]briefly describe premises[/I as more particularly described in the Agreement

2.3 "the Tenancy" means the tenancy of the Premises arising under the Agreement and all other (if any) the estate right and interest of the Tenant in the Premises

2.4 "the Tenant's Obligations" means the obligations of the Tenant arising under the Tenancy

2.5 "the Landlord's Obligations" means the obligations of the Landlord arising under the Tenancy

3. Surrender

The Tenant surrenders the Tenancy to the Landlord

4. Acceptance

The Landlord accepts the surrender

5. Mutual Release

5.1 The Tenant releases the Landlord from the Landlord's Obligations

5.2 The Landlord releases the Tenant from the Tenant's Obligations

6 Deed

This instrument is executed by the parties as their deed

[To be printed in duplicate ]

Signed as a deed by the Tenant :

in the presence of I]witness[/I :


Signed as a deed by the Landlord :


in the presence of I]witness[/I :

I]Each party should sign opposite the "signed as a deed" wording in the presence of an independent witness who should sign and write his or her name and address underneath the "signed as a deed" wording[/I

***

(a) Upon being satisfied that you will get possession of the premises and (b) after you have received from the tenant all sums it has been agreed he should pay and (c) everything has been done that needs to be done to ensure that any deposit goes to whoever is to receive it, both parts of the deed should be dated with the same date. The tenant should hand to you the part he has signed and you should then hand to the tenant the part you have signed.

G_M

wheelz wrote: »

That worked. I have halved the rent and she has agreed to leave at end of April. This is by text. Now I need to work out surrender letter or s21 notice. I'll be glad once the flat is sold. Now I feel that I can tell the estate agent to go ahead with advertising flat. He says I can do exchange and wait with completion until tenant has left. Any comments on that. Do I send a letter and she wants it back signed or do I ask her to send me a surrender letter?

Very few buyers (except other landlords) will Exchange while the tenant is still there. And you'd be mad to Exchange!

Once you've Exchanged you are legally bound to Complete on the given date. If the tenant fails to leave as expected, for whatever reason, the buyer won't be able to move in, the buyer will sue you for breach of contract and you'll be in deep doo-doo.

saajan_12

wheelz wrote: »

That worked. I have halved the rent and she has agreed to leave at end of April. This is by text. Now I need to work out surrender letter or s21 notice.

Ensure you get this agreement on paper, signed by you and each tenant, stating
- date property will be vacated
- rent to be paid until then
- access for viewings / inspections
- what happens to deposit
- what happens if property is not vacated

wheelz wrote: »

I'll be glad once the flat is sold. Now I feel that I can tell the estate agent to go ahead with advertising flat. He says I can do exchange and wait with completion until tenant has left. Any comments on that.

You can advertise, hold viewings, begin conveyancing etc while tenant is in flat, but DO NOT EXCHANGE until tenant has vacated. Otherwise, once you exchange you will be committed to giving vacant possession of the property to the buyer on x date, and if tenant fails to vacate as agreed, it may take a long time to force them out. You will be liable for the buyer's expenses if completion is delayed.

wheelz

Thank you for your useful messages. Can I serve notice now even though it's more than 2 months? I'll go and look for the old form and thank you so much for the template for the surrender letter.

G_M

Assuming the tenancy started with a fixed term, and then became monthly periodic, the S21 must give at least 2 calender months notice. Of course, it can be longer, though not more than 6 months.

(if the tenancy was periodic from the start it is different).

All explained (I think! Let me know if not) in the link provided earlier by Slithery:
* Ending/renewing an AST:

Link to the relevant forms is also within that post above.

FBaby

The smart landlord wanting tenant cooperation offers a rent reduction.

Now that quote made me laugh! If a tenant dared telling me that they were not moving after the expire of a S21 unless I agreed to a reduction of 50% of their rent, I would rather go through 40 weeks waiting for courts and getting the bailiff that agree to this when they have a contract that clearly states that they should leave after 2 months notice. If they are so keen on applying the law, then so would I and I would make sure that they pay for all the court costs as I would have made sure that the S21 was perfectly valid.

In your book, that makes me a stupid Landlord but I personally think that such tenant is the perfect idiot because it can end up costing them just as much and with no time to find a good place, let alone a good reference.

It's a game to play, and not one that I would agree to. I'd rather lose to make sure the other party didn't gain undeservingly from the situation than the other way around.

Slithery

FBaby wrote: »

when they have a contract that clearly states that they should leave after 2 months notice.

But that's not what the contract says.

wheelz

I'm a bit worried about this bit of the Surrender agreement:
5. Mutual Release

5.1 The Tenant releases the Landlord from the Landlord's Obligations

5.2 The Landlord releases the Tenant from the Tenant's Obligations.

I will have to change it as the tenant pays monthly and I will state how much (reduced). So they're not going to be released from their obligations at time of signing deed but they will at time of surrender. Or am I misunderstanding this part of the agreement?

What obligations would I as landlord be releasing? If I don't understand it what will my non-native tenant make of it?

I feel a bit uncomfortable to bombard her with two 'formal/legalistic' letters, the S21 and the surrender letter, it's all so formal and we have a good relationship but I guess it needs to be done.

Comms69

FBaby wrote: »

Now that quote made me laugh! If a tenant dared telling me that they were not moving after the expire of a S21 unless I agreed to a reduction of 50% of their rent, I would rather go through 40 weeks waiting for courts and getting the bailiff that agree to this when they have a contract that clearly states that they should leave after 2 months notice. - even if your contract said that it wouldn't be enforceable. So nose, face, spite, cut.... If they are so keen on applying the law, then so would I and I would make sure that they pay for all the court costs as I would have made sure that the S21 was perfectly valid. - What £300, and the cost of the lost sale is how much?

In your book, that makes me a stupid Landlord but I personally think that such tenant is the perfect idiot because it can end up costing them just as much and with no time to find a good place, let alone a good reference. - 40 weeks is plenty of time to find a good place, and your reference would simply say, tenant exercised their rights under the law (oh no!)

It's a game to play, and not one that I would agree to. I'd rather lose to make sure the other party didn't gain undeservingly from the situation than the other way around.

So vindictive, why?

Comms69

wheelz wrote: »

I'm a bit worried about this bit of the Surrender agreement:
5. Mutual Release

5.1 The Tenant releases the Landlord from the Landlord's Obligations

5.2 The Landlord releases the Tenant from the Tenant's Obligations.

I will have to change it as the tenant pays monthly and I will state how much (reduced). So they're not going to be released from their obligations at time of signing deed but they will at time of surrender. Or am I misunderstanding this part of the agreement?

What obligations would I as landlord be releasing? If I don't understand it what will my non-native tenant make of it? - Obligation to provide a safe home??!!.......

I feel a bit uncomfortable to bombard her with two 'formal/legalistic' letters, the S21 and the surrender letter, it's all so formal and we have a good relationship but I guess it needs to be done.

Well you can do it unofficially or legally, both doesn't work