My tenants provided me notice that they wanted to terminate the tenancy early into the contract, a 12months AST.
I have provided them with a Surrender deed template as found here.
Will this keep us both out of trouble in the future, together with the emails showing their request and my aceptance or are there any other legal matters I should be aware of?
Many thanks in advance
It’s ok. You can change terms to cover losses or for the tenant to cover rent until another tenant is found
We ask for a months rent and the deposit and draw the matter to close
If we have paid agent’s fees they are to be reimbursed
We use our solicitor to draw the agreement and the tenant pays for that
We also have a clause where neither party is allowed to contact each other after the document is signed ( that depends on the relationship with your tenant)
Our solicitor advised
- Take all the keys back before the document is signed.
- Once you have the keys take the tenant outside the property to sign the document ( once they are outside and you have the keys you are not in a situation whereby the tenant is refusing to leave and you are not in a hostile situation in your property). Do not sign the document in the property.
Have his and your copy with you so you know what he is signing.
3.It must be a wet signature ( not digital)
4.It must be witnessed
5.We ask for a member of the council to attend as they can sign for both parties (they are a neutral third party and they come out for free or you require a witness and so does your tenant. Calling the solicitor will add charges but you can pass them onto the tenant)
I have only had to use these in hostile situations but yours may be more amicable so a lot of this may not apply
Thanks. Tenant has moved out. I did not charge aditional, given the current situation, just decided to cover my losses and take it as a lesson. Are managed tenancies better to avoid similar issues?
I don’t know what you mean by ‘managed tenancies’
A fully managed letting service where an agency deals with matters on your behalf.
I manage my own . Just responded to this in your other question
Thanks for your advise on this you seem very knowledgeable!
I have a similar situation where my tenants have given my notice to break the 2yr fixed term contract after 6mths due to Covid.
Struggling to get new tenants.
Questions is can I use their bond / deposit to pay the rent if I don’t find new tenants?
Thanks for you rhelp in advance I look forward to hearing from you!
Is there a break clause , then that depends on your T’s and C’s
If no break clause then yes you can as they are liable foe the full term and you dictate the T’s & C’s
Thanks for your reply!!
I could not get the 6mth break clause out of the template, so it is there.
So do I have to manage it like normal notice served? Does that mean I can use their bond for the rent payment if I am short as a result of them leaving early?
If they have paid 6 months and they have given the required notice( asked of contract eg one month notice given at month Five) to leave you can’t use the deposit to pay for eg seventh months rent
What does the clause read exactly?
How much rent have they paid?
When did they give notice ?
What is the notice period on contract ?