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fergusm
01-06-2008, 10:16 AM
Hello,

I have agreed with my tenant to end the lease on my flat early. I will move out of the flat I am renting and back to my place and I want to get something in writing so that he cannot change his mind and leave me homeless!

Can someone suggest an outline letter that we can both sign that will protect me (and him) and set the new move out date in stone?

many thanks

jta
01-06-2008, 10:31 AM
Is your tenant still in the original AST period, if he is then you can only issue S21 to take effect after the initial six/twelve months is over, if he has a periodic tenancy then give him two months notice or accept one months notice from him.
Stay with the proper procedures, a letter would not change his rights and might even backfire on you. And pay attention to the details on the form, if you get it wrong it costs you money.

fergusm
01-06-2008, 10:39 AM
thanks for the quick response but I am not sure I understand...

the tenant moved in about 7 months ago but the break clause doesnt come into effect until the start of july and requires 2 months notice

now the tenant has asked to end the agreement early which also suits me as I want to move back there. I was going to terminate at the earliest possible date anyway.

are you saying that an early termination is not possible even though both parties agree?

attilathelandlord
01-06-2008, 10:54 AM
No, JTA , as long as both tenant and landlord agree, then the tenant and landlord can sign a voluntary surrender of tenancy which is legally binding on both parties and takes effect from the date of the surrender.

Just a quick one liner along the lines of I Fred Bloggs voluntarily surrender my tenancy which commenced on xxx date at 43 Acacia Avenue as at xxxx date with the agreement of my landlord Mr Smith with/without penalty (landlord to decide)

Both parties to sign, preferably with a witness and then one copy for tenant, one for landlord, tenant gives keys back, landlord returns deposit, tenancy has quite legally ended.

S21 is for when the tenant doesn't give notice or doesn't want to surrender tenancy.

Ericthelobster
01-06-2008, 11:01 AM
I have agreed with my tenant to end the lease on my flat early. I will move out of the flat I am renting and back to my place and I want to get something in writing so that he cannot change his mind and leave me homeless!

Can someone suggest an outline letter that we can both sign that will protect me (and him) and set the new move out date in stone?However rigid is the stone you set it in, I don't think there's any way to achiever what you understandably want: at the end of the day, if the tenant decides not to quit on the day you've both agreed, then you can't just march in and turf them, you'll have to take legal proceedings which of course takes time...

fergusm
01-06-2008, 11:05 AM
what about drafting an amendment to the rental agreement which changes the notice period to one month and then receiving notice from them on the same day. would something like this be enforceable?

attilathelandlord
01-06-2008, 11:23 AM
A) You can't change statute law which states that fixed term means that. So minimum fixed term of 6 months.

B) Voluntary Surrender of Lease ok but if they don't go, then you have to go the S21 route.

jta
01-06-2008, 11:25 AM
However rigid is the stone you set it in, I don't think there's any way to achiever what you understandably want: at the end of the day, if the tenant decides not to quit on the day you've both agreed, then you can't just march in and turf them, you'll have to take legal proceedings which of course takes time...

I agree with you Attila, but Eric has expressed what I think the OP has to do to guard his back, there's nowt wrong with a gentlemans agreement, so long as everybody keeps to it, however......................

fergusm
01-06-2008, 11:27 AM
they have lived there for more than 6 months but in the tenancy agreement we agreed on a break clause that comes into effect after 8 months with a 2 month notice period

jta
01-06-2008, 11:33 AM
If he's happy to move and has somewhere to go to, let him move as soon as he can, you might even sweeten the pot for him, just stay on good terms with him because he is the one that can change his mind, keep all your options open though.