Tenancy Surrender Letter

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    Tenancy Surrender Letter

    My tenants have given notice that they will leave at the end of the fixed term and in the past I have simply asked for sight of copies of bills (gas, electric, water & council tax) along with proof of payment, however it has been suggested that I should get out-going tenants to sign a tenancy surrender letter.

    Does anyone have a tenancy surrender letter that they are willing to share?

    Thanks in anticipation, Sam

    #2
    A fixed term tenancy ends when it ends without anyone doing anything. Whether the tenant has paid all the bills is immaterial.

    Any notice given by the tenant during the fixed term has no effect.

    Any surrender made while the tenancy is an assured tenancy is of no effect.

    In any event a surrender must be by deed, so a letter will be ineffective. (You can have a surrender by operation of law, but we won't go into that.)

    A surrender cannot be effected so as to take place at a future date - it must take effect immediately. So if you want rent up to the end of the term the surrender must be executed on the last day - if the tenants are leaving on the last day it will be a pointless exercise.

    If the tenant leaves on or before the last day of the fixed term no statutory periodic tenancy arises.

    Comment


      #3
      Originally posted by Lawcruncher View Post
      A fixed term tenancy ends when it ends without anyone doing anything. Whether the tenant has paid all the bills is immaterial.
      So Ll does not need to issue section 21 two months before end of fixed term?
      'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

      Comment


        #4
        Originally posted by mind the gap View Post
        So Ll does not need to issue section 21 two months before end of fixed term?
        If he wants the tenant out, yes. When the fixed term ends it is immediately followed by a new statutory periodic tenancy. Of course a S21 notice does not end a tenancy.

        Comment


          #5
          Originally posted by Lawcruncher View Post
          Of course a S21 notice does not end a tenancy.
          Sorry, please could you explain? Do you mean it doesn't end it unless the tenant is willing to move out, or that it does not end it, full stop?

          What's the point of it, then?

          Sorry if I seem thick.
          'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

          Comment


            #6
            Originally posted by mind the gap View Post
            Sorry, please could you explain? Do you mean it doesn't end it unless the tenant is willing to move out, or that it does not end it, full stop?

            What's the point of it, then?

            Sorry if I seem thick.
            A s.21 notice is exactly what it says on the tin ie: a notice requiring possession. It is simply a notice telling the tenant that the LL requires possession after the date of expiry of the notice and that the LL reserves the right to apply to the court after that date for an order ending the tenancy (ie: a possession order).

            By (from memory) s.5(1) of HA 1988, any tenancy which does not come to an end by virtue of a court order or some other act of the tenant (ie: a surrender or a NTQ given by them) continues thereafter as a statutory periodic tenancy.

            Therefore, for the dual reasons that firstly, HA 1988 does not explicitly state that a s.21 notice ends the tenancy, and by negative inference/omission from the above mentioned provisions, a s.21 notice does not bring the tenancy to an end.
            Health Warning


            I try my best to be accurate, but please bear in mind that some posts are written in a matter of seconds and often cannot be edited later on.

            All information contained in my posts is given without any assumption of responsibility on my part. This means that if you rely on my advice but it turns out to be wrong and you suffer losses (of any kind) as a result, then you cannot sue me.

            Comment


              #7
              Originally posted by agent46 View Post
              A s.21 notice is exactly what it says on the tin ie: a notice requiring possession. It is simply a notice telling the tenant that the LL requires possession after the date of expiry of the notice and that, impliedly, the LL reserves the right to apply to the court after that date for an order ending the tenancy (ie: a possession order).

              By (from memory) s.5(1) of HA 1988, any tenancy which does not come to an end by virtue of a court order or some other act of the tenant (ie: a surrender or a NTQ given by them) continues thereafter as a statutory periodic tenancy.

              Therefore, for the dual reasons that firstly, HA 1988 does not explicitly state that a s.21 notice ends the tenancy, and by negative inference/omission from the above mentioned provisions, a s.21 notice does not bring the tenancy to an end.
              Thank you for that, much appreciated. So are the only things which actually bring a tenacy to an end :

              1 the tenant voluntarily vacating
              2 the courts obliging the tenant to vacate
              3 the death of the tenant (assuming sole occupancy)

              ?
              'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

              Comment


                #8
                Originally posted by mind the gap View Post
                Thank you for that, much appreciated. So are the only things which actually bring a tenacy to an end :

                1 the tenant voluntarily vacating
                2 the courts obliging the tenant to vacate
                3 the death of the tenant (assuming sole occupancy)

                ?
                1. No. Simply vacating is not enough. The tenant must give notice if the tenancy is periodic. If it is fixed any right to break must have been exercised.

                2. Yes.

                3. No. A tenancy is an estate in land. It survives death.

                I shall shortly be starting a thread indicating the ways a tenancy can be brought to an end.

                Comment


                  #9
                  Originally posted by Lawcruncher View Post
                  I shall shortly be starting a thread indicating the ways a tenancy can be brought to an end.
                  There's already one re leases with this information. See http://www.landlordzone.co.uk/forums...ead.php?t=9841.
                  JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
                  1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
                  2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
                  3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
                  4. *- Contact info: click on my name (blue-highlight link).

                  Comment


                    #10
                    Originally posted by jeffrey View Post
                    There's already one re leases with this information. See http://www.landlordzone.co.uk/forums...ead.php?t=9841.
                    I have taken the opportunity to expand on what you said.

                    Comment


                      #11
                      Originally posted by Lawcruncher View Post
                      3. No. A tenancy is an estate in land. It survives death.
                      Thanks Lawcruncher. I'm getting there, then I'll leave you in peace.

                      One last question - in practice, if a sole tenant dies, what can the LL do to regain possession? You can't serve notice on the tenant, (obviously), so what would be the 'protocol'? Do anyone else (e.g from tenant's family) have a right to claim the tenancy and move in? In what sense exactly can the tenancy 'survive death'?

                      Thanks for your understanding.
                      'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

                      Comment


                        #12
                        A tenancy survives death in the same way as a freehold interest in land survives death. Although he is not liable beyond the assets of the estate unless he takes possession, the personal representative becomes the tenant. Obviously there may be cases where the PR is not known. If the tenancy agreement allows service by leaving notice at the property that will be good service.

                        Comment


                          #13
                          Originally posted by Lawcruncher View Post
                          A tenancy survives death in the same way as a freehold interest in land survives death. Although he is not liable beyond the assets of the estate unless he takes possession, the personal representative becomes the tenant. Obviously there may be cases where the PR is not known. If the tenancy agreement allows service by leaving notice at the property that will be good service.
                          In case of an intestacy, the Deceased's assets- inc. tenancy- vest in Public Trustee. L's formal Notices to T should therefore be served:
                          a. on PT in London;
                          b. at T's last known address; and
                          c. at the let property's address.
                          JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
                          1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
                          2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
                          3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
                          4. *- Contact info: click on my name (blue-highlight link).

                          Comment


                            #14
                            Thank'ee, ven'rable gentlemen!
                            'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

                            Comment


                              #15
                              Originally posted by Lawcruncher View Post
                              the personal representative becomes the tenant.
                              Geeky question.

                              Given that an AST can only be valid if the property is used as the tenant's principal home, if the PR doesn't use the property thus, how does the AST survive the death of the tenant?
                              Health Warning


                              I try my best to be accurate, but please bear in mind that some posts are written in a matter of seconds and often cannot be edited later on.

                              All information contained in my posts is given without any assumption of responsibility on my part. This means that if you rely on my advice but it turns out to be wrong and you suffer losses (of any kind) as a result, then you cannot sue me.

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