Tenant wishes to surrender tenancy - what should i include in accepting?

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    Tenant wishes to surrender tenancy - what should i include in accepting?

    Tenancy is in England. no deposit taken but council did offer deposit guarantee. tenancy was 6 months which ends at the end of this month

    I have a request in writing from the tenant to surrender the tenancy. I know they could effectively walk on the last day of tenancy with no notice etc. if they wished to. the tenancy has not been without its problems, which we have dealt with in appropriate time scale. council have been involved and advised tenant that she needs to surrender tenancy if she wishes to leave early, which she has done in writing. what we are trying to do is get a clean break. she did initially threaten us with her legal team, but after receiving advice from the council (after ignoring ours) she has now written to us offering her surrender

    I have drafted a response which I think covers all bases

    any views? further advice?

    Dear ……………….

    we have received your request for early surrender via <council name> and having corresponded with them are prepared to accept, but only under the following terms.


    There will be no refund of any monies paid by you to us in relation to rent payments. You will be responsible for any fees and charges, council tax, water, gas and electricity standing orders relating to the property up to the 17th Oct 2019 or any other costs as per your tenancy agreement. We will take over responsibility for those matters we are responsible for on the 18th Oct 2019.

    You will need to confirm that there is no threat of any legal or civil actions related to your Tenancy being taken against us. In turn we will also agree not to pursue you for any damages, reimbursements, loss of rent and absence of written notice relating to your period of tenancy. We do however continue to have the right to make claims against the Deposit Guarantee held by <council name>.

    Should the above be accepted then please forward a signed and dated letter saying so. Our contact details are on the Tenancy Agreement. Alternatively you can use email correspondence stating you accept the terms in our email of today's date and we will respond and accept your surrender. That will release you from the tenancy as of 17th October 2019 and any financial and legal obligations arising after that date.

    Of course should you not wish to agree to the conditions for us to accept your surrender, then you continue to hold the tenancy and are responsible for all costs as per your tenancy agreement and the conditions within that agreement up to and including the date that your tenancy ends. Should that be the case then we will of course be seeking to recover any monies owed.




    any comments? as i said they could just walk on the 31st of this month but I think unlikely to do so.


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