Ending a tenancy with prepaid rent -question

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    Ending a tenancy with prepaid rent -question

    This is the first time I've had to give notice to end my tenancy and I was planning on staying for 12 months, but since circumstances have changed and my university has shut for the foreseeable future I just wanted to verify some details and my notice letter.

    The TA was initially a fixed term from 22 August 2019 - 21 February 2020 and transitioned to month-to-month after that, however the rent is due every six months. Would that entitle me to a refund for the remaining months that I prepaid for 22 Feb to 21 Aug?

    Would the below notice letter be suitable?:
    _____________________
    Dear [landlord's name],


    I am giving notice that I intend to terminate my tenancy at [address] on 21 May 2020.

    I request that the remaining three months' unused prepaid rent amount totalling [amount] be returned to the bank details below:

    [bank details]

    Please reply to this email to confirm that you have received this notice.


    Yours sincerely,

    [my name]
    ____________________

    Thanks for the help

    #2
    What does your tenancy agreement say about notice?

    Comment


      #3
      Originally posted by DPT57 View Post
      What does your tenancy agreement say about notice?
      Thanks for the reply. The agreement requires a minimum of one month's notice served via email or post.

      "At the end of the initial fixed term as specified in clause 2 hereof, the Term shall continue on a month by month basis until either party shall serve on the other a written notice to bring the same to an end [...] In the case of a notice served by the Tenant, such notice should expire no less than one month after service of the same on the Landlord."

      Comment


        #4
        I'd send the letter you plan to.
        When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
        Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

        Comment


          #5
          Do as jpkeates advise, but the answer to the original question is "probably no".
          I am not a lawyer, nor am I licensed to provide any regulated advice. None of my posts should be treated as legal or financial advice.

          I do not answer questions through private messages which should be posted publicly on the forum.

          Comment


            #6
            Originally posted by KTC View Post
            Do as jpkeates advise, but the answer to the original question is "probably no".
            I agree, but no harm in assuming it will be OK!
            When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
            Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

            Comment


              #7
              Sounds a bit like an ultimatum. I'd politely negotiate first.

              Comment


                #8
                No need to negotiate. The tenant is entitled to serve notice and receive a refund. Thd landlord would be doing them no favour.

                Comment


                  #9
                  This is not a case of ending the tenancy early with the agreement of the LL; it is exercising the tenant's right.
                  The LL has no entitlement to rent once the tenancy has ended.

                  Requiring rent to be paid up to 6 months in advance for a monthly periodic tenancy sounds like a deposit to me (security for something that may never rise, as in this case).

                  Comment


                    #10
                    The only bit of the proposed letter I have a problem with is
                    Originally posted by dgh99 View Post
                    I am giving notice that I intend to terminate my tenancy
                    That could be interpreted as "I am not yet giving notice to end the tenancy, but I expect to do so soon".

                    I would use something like
                    Originally posted by dgh99 View Post
                    I am giving notice that I am ending my tenancy

                    Comment

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