Terminating tenancy by agreement- please help blonde

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

    Terminating tenancy by agreement- please help blonde

    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

    #2
    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.
    I offer no guarantee that anything I say is correct. wysiwyg

    Comment


      #3
      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

      Comment


        #4
        Originally posted by Liz24 View Post
        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.
        I offer no guarantee that anything I say is correct. wysiwyg

        Comment


          #5
          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...?

          Comment


            #6
            Originally posted by Liz24 View Post
            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

            Comment


              #7
              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

              Comment


                #8
                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

                Comment


                  #9
                  This copy of the thread deals with tenancy aspects. The remaining posts are on Take A Break.

                  Comment

                  Latest Activity

                  Collapse

                  • Reply to Advice Needed
                    by Hudson01
                    I am very sorry to hear about the issue, i can add little more to what has already been said above, I am one of those lanldords spoken about in terms of about to sell up........ all that has been pointed out as to why we are all leaving is totally true, it has simply become too much hassle and with...
                    16-05-2022, 20:53 PM
                  • Advice Needed
                    by Confused2022
                    Hello!


                    I an trying to get as much information and advice for someone whom is very vulnerable and has many health problems.

                    The issue is they have lived at a property which they’ve rented now for 2 years just over, never missed a rental payment and never had any issues,...
                    15-05-2022, 15:45 PM
                  • Reply to Invoice for work - am I being unreasonable?
                    by Hudson01
                    I agree with one of the other posts, Company A should have sorted the whole job, it sounds like a 10 mins job with maybe a collar for the pipework being tightened up and then some basthroom sealant ...........you are right.......... just under a ' monkey'' (Arthur Daley speak) for what is a simple pipe...
                    16-05-2022, 18:46 PM
                  • Invoice for work - am I being unreasonable?
                    by Laurasplog
                    We have a London flat managed by an agent (full management service).

                    My husband and I were abroad, and got a call from the council saying the property was leaking sewage into the flat below. We contacted our agent immediately who sent someone around the same day (Company A).

                    ...
                    16-05-2022, 12:58 PM
                  • Reply to Invoice for work - am I being unreasonable?
                    by theartfullodger
                    What does your agreement (or terms & conditions sent) with this say about such queries, please? I'd start there first & then probably their complaints process (if they have one)

                    Is this the lettings agent on the block (of flats) management agent please?

                    I humbly note...
                    16-05-2022, 16:15 PM
                  • Reply to Invoice for work - am I being unreasonable?
                    by Laurasplog
                    The pipework was found to be sound. I think Company A were there as an emergency "see if it's sewage and shut off the water if necessary". They said it was a pipework problem and a sealant problem. Company B carried out a full audit on the pipes and found it was only a sealant problem....
                    16-05-2022, 14:59 PM
                  • Reply to Invoice for work - am I being unreasonable?
                    by Laurasplog
                    The letting agent engaged all of them. We gave them an instruction to fix whatever the problem was after the notification from the council there was a problem - we pay for a full management service.

                    I doubt the agency will give us money back because they've paid it out directly to the contractor,...
                    16-05-2022, 14:58 PM
                  • Reply to Buying a tenanted residential property
                    by theartfullodger
                    In November 1979 BoE base rate hit 17% under Thatcher's government. My building society was kind by only raising their rates to 15%.....

                    IMHO rates will continue to rise. Sorry.

                    What you are proposing would breach your mortgage terms and possibly result in place being repo'd....
                    16-05-2022, 14:30 PM
                  Working...
                  X