Terminating tenancy by agreement- please help blonde

[Liz24]

Hi All

I am glad the title got you looking!!

I am a relatively experienced landlady (be it young at 24!), but I am a loss of how to do something under the contract that i have never done before. Can i have some peoples’ expert advice?

The basics:-
I have tenants in my house under AST until 21st August this year. They want to leave within the contract, and are asking for 30 days notice to terminate on the 21st May. They have been in the house since 21st Feb 2009. They signed a new AST contract in feb, but they have also been in the house 6 months prior under an old AST.

My contract allows them to ask for costs for re-rental, but I am not bothered as I wouldn’t mind moving back into the house on the 21st May anyhow, the situation suits me.

The question is – LEGALLY, what to do next to protect myself? The following facts are true:-
1. I have issued a S21 on them in April, as I want to sell the house later in the year. They are fine with it, as they were not wanting to stay.
2. Full AST contract signed.
3. Full detailed inventory signed and photographed.

What’s the best thing to do? I was thinking of re-writing a variation of the contract stating the fact they are to be out on the 21st May and that i agree to it.
What Happens if they don’t move out after the 21st May and they decide to stay on, which contract prevails, how do i issue a S8 if i need to?

Any help – Thanks, Liz

[jta]

If you are willing to accept their surrender of their tenancy there should be no problems on either side.
Be careful that everything is done properly though, just in case things turn sour.
Once you have agreed a date for them to move out, carry out the inventory checks with them present on the day, agree any damages, accept the keys and that should be the end of it.
It helps that you are going to move back in yourself because you're not going to be worried about voids.
If they change their minds though, there's nothing you can do about it.
Incidentally, being a 24f Blonde has nothing to do with the advice, I like redheads too, and brunettes, and curly girls, and straight haired girls.

[Liz24]

Hi Jta

Thanks for the reply!

What do you mean, make sure you do everything properly? So lets say i accept their surrender and we sign against it and they change their minds and stay is the old contract enforceable and will they have to start paying rent?

Liz x

[jta]

Hi Jta

Thanks for the reply!

What do you mean, make sure you do everything properly? So lets say i accept their surrender and we sign against it and they change their minds and stay is the old contract enforceable and will they have to start paying rent?

Liz x

Exactly that. Until you have the keys in your hand they are able to change their minds. They would have to keep to the terms of the tenancy agreement, but so would you. That is when you would have to consider S8's if they didn't pay their rent.
Get them to sign a surrender before they finally leave, that will be your proof that you have not illegally evicted them.

You will have others posting later probably, with some more specific advice.

[Liz24]

Joking aside though guys, what is the best direct course of action - list a set of deals then get them to sign it, ie you will be out on the 20th may and if you change your mind full contracts apply etc etc...?

[Preston]

Joking aside though guys, what is the best direct course of action - list a set of deals then get them to sign it, ie you will be out on the 20th may and if you change your mind full contracts apply etc etc...?

Hi

Best done by a deed of surrender, which is a formal legal document signed by both parties and witnessed. The benefit to you would be that if they don't move out, or if they claim after they have moved that they had not intended to give up possession, you can apply for an order to have them removed. The benefit to the tenant is that they have proof that their liabilities have ceased.

The deed needs to be properly drafted and there are free ones available on the internet, but most of the ones I have seen are for shared student accommodation and may not be quite suitable for your needs, so do seek advice if you are unsure.

Preston

[Liz24]

Hi Guys!

Thanks for the replies... I have tried looking for a deed of surrender, but cannot find one on google - has anyone used one before?

x

[Liz24]

Thank you very much, yes I am satisfied. Preston has kindly sent me an example Surrender Deed, of which I shall use and modify.

My apologies if I came across argumentative, A 4ft 11 chic often finds it hard to get noticed, hee hee.

Thanks for the fun, boys x

[Moderator1]

This copy of the thread deals with tenancy aspects. The remaining posts are on Take A Break.