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Oct, 2014

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  1. #1

    Default Ending periodic agreemnet letter sample

    Hello
    I have searched high and low, not find a simple sample letter for ending an AST tenancy that has been on a Periodic agreement for approx 7 months. The agreement is that they/T or us/L will give one months notice.

    So, a simple sample letter would be nice.
    Also, can I just send via e-mail or do I have to drop off a hard copy as well?

    FYI, the T and L regularly communicate via e-mail and I could alert him to email by a follow up telephone call.

    Thank you

  2. #2
    Join Date
    Apr 2010
    Location
    UK
    Posts
    2,273

    Default

    I assume your property is in England/Wales?

    I am very surprised that being a member here since 2010, you have not researched or read up on your legal obligations as a LL. You can give your tenant any form of letter you wish, but for it to be valid and form the first step in applying to end the tenancy, you need to give the statutory 2 month's notice in the form of a Section 21.

    An often recommended template for this notice is here:

    http://www.letlink.co.uk/GeneralInfo...on/S21_4_A.pdf

    You must ensure it is correctly completed, with dates spot on and it is served to the tenant with proof. Usually recommended to post from 2 separate post offices first class, keeping the free proof of posting. First class mail is deemed as received by the tenant 2 working days later. You must also ensure it gives the full 2 month's notice from the date that the tenant will receive it, with the notice expiring at the end of the tenancy period.

    However, you cannot use this notice if the tenant's deposit has not been protected and the prescribed information supplied to them. Did tenant pay a deposit at the start and was this protected?

    Also, the S21 is not a notice to quit and does not end the tenancy. It is notice you are seeking possession, and after the 2 months ends, you then apply for a court order to secure possession of the property and force the tenant to leave.

    Despite your "pally" relationship with the tenant, I would not advise you try any other version of a notice letter, as tenant would have the last laugh if they know the any more than you obviously do about tenancy law and their rights to remain until you get the notice process right.

  3. #3

    Default

    Hi

    please do not be "very surprised," as my post is genuine and very honest.

    i'm not a full time landlord and have a job to take care of as well as a family and work from 05:00hrs to 16/17hrs and do notr get back home until after 18;00hrs.

    I only posted here as a last resort as I am aware that people get pissed off if they feel a question has been posted about many times here or the wider net, but I could not find it.

    A very sincere thank you for your detailed post and apologies if I have offended you.

  4. #4
    Join Date
    Apr 2010
    Location
    UK
    Posts
    2,273

    Default

    You haven't offended me in any way, but I am very surprised you have been here so long without making any attempt to understand how to end the tenancy you have started. There are a lot of legal requirements to being a LL and even though you state you are "not a full time landlord" you must get yourself up to speed with how to do it properly.

    Its nothing to do with how many times a question is asked here, but more your apparent lack of knowledge about being a LL, how to let your property correctly, and above all legally! Perhaps you might find this post from another site helpful, to make sure you are complying with all the other things LLs have to do:

    http://forums.moneysavingexpert.com/...2&postcount=12

    It doesn't matter whether you have a family to look after, work many hours a day or anything else - you must ensure you are letting legally, otherwise you could end up in a lot of trouble!

    If you need any further help in serving a valid and legally binding S21 notice to your tenant, then please ask again and we can guide you through it to make sure you get it correct.

  5. #5
    Join Date
    May 2009
    Posts
    14,115

    Default

    Quote Originally Posted by msg2004 View Post
    Hello
    I have searched high and low, not find a simple sample letter for ending an AST tenancy that has been on a Periodic agreement for approx 7 months. The agreement is that they/T or us/L will give one months notice.
    Provisions for notice do not carry through into a periodic tenancy, moreover, a contract cannot override the statutory obligation for the LL to give at least two months' notice if serving the standard 'no fault' s.21 notice.

  6. #6

    Default

    Thank you both.

    The property is in England.

    In the tenancy agreement, the L &T both agreed to one months notice.

    I have saved the T's deposit with a recognised body.
    Ensured all gas certs are in place as well as building ins and have opted for the repairs insurance so the T gets a speedy repair, the property is in a very good condition and we put in new flooring, new kitchen and ensured all glass doors/etc were legal minmm standards+

    Every concern the T has raised me and my partner have addressed within 24 hours and usually within a few hours. They can be a few days late with the rent at times but do alert me so I do not have a problem with that.

    I will be asking them to leave as I indent to replace the bathroom and en suite and fully refurbish the home inc electrics and erect a conservator, and this is why we want them to leave.

    I wrongly assumed I could give the months notice that the T & L has, as both parties have signed it.

    will sleep on this for a few days and bit more research.

    Thanks again.

  7. #7
    Join Date
    Jan 2011
    Posts
    3,515

    Default

    Then research the Notice provsions of Stat Periodic Tenancy (the clue is in the first word of SPT).
    You may have protected deposit in an approved scheme, but did you provide T with Cert of Deposit AND the 'prescribed info' before 5 May 2012? If not, and the T commenced after 5 Apr 2007, then you are too late to fully comply with deposit protection provisions and will have to refund the deposit in full, before you can serve a s21.
    You have a heavy workload, if you want to remain a LL it just got heavier and more is planned.

  8. #8
    Join Date
    May 2009
    Posts
    14,115

    Default

    Quote Originally Posted by mariner View Post
    You may have protected deposit in an approved scheme, but did you provide T with Cert of Deposit AND the 'prescribed info' before 5 May 2012? If not, and the T commenced after 5 Apr 2007, then you are too late to fully comply with deposit protection provisions and will have to refund the deposit in full, before you can serve a s21.
    No. If the deposit was protected within the deadline, it's still okay to provide the prescribed information late in terms of serving a s.21 notice. It doesn't get a LL off the hook in terms of the 1-3x deposit sanction, however.

  9. #9
    Join Date
    May 2009
    Posts
    14,115

    Default

    Quote Originally Posted by msg2004 View Post
    Hello
    I have searched high and low, not find a simple sample letter for ending an AST tenancy that has been on a Periodic agreement for approx 7 months. The agreement is that they/T or us/L will give one months notice.

    So, a simple sample letter would be nice.
    Also, can I just send via e-mail or do I have to drop off a hard copy as well?
    You must first ensure that you have fully complied with deposit protection requirements; protection and providing T with the prescribed information.

    You must serve a s.21(4)(a) notice. This must give the T at least two months, and must also expire at the end of a tenancy period. The tenancy periods begin on the day after the fixed term expires, and their length is based on the length of the rental periods, e.g. if rent is payable monthly, then the tenancy periods will be a month long.

    Example scenario: six month term commencing 15th December, thus expiring 14th June, with rent payable monthly. SPT begins 15th June, with tenancy periods running 15th - 14th. S.21 notice served on 1st July; expiry date of notice would be 14th September. N.B. the expiry date as written on the notice must say "after 14th September 20xx". The word "after" is essential.

    You must use a method of service specified in the tenancy contract. If the contract is silent, then you should serve the notice by hand through the T's letterbox.

    Whatever method you use, you will need evidence of service. If delivering by hand, take a witness. If posting, obtain a free certificate of posting (do NOT use a signed for service).

    Template notice on this link: http://www.letlink.co.uk/letting-lib...and-forms.html
    Section 21 - periodic tenancy

  10. #10
    Join Date
    Jul 2008
    Location
    help@tenancyservices.co.uk
    Posts
    15,862

    Default

    Just as a follow on to the advice you have already been given, lets hold your hand and make sure you do this right.

    When did the last tenancy agreement begin?
    How long was it for / was an end date specified?
    Is rent payable monthly?
    What date did you protect the deposit?
    What date did you give the tenant the deposit schemes Terms & Conditions, together with details of how they recover their deposit? This will be approx 14 pages worth if you used the DPS, it's not just a receipt.
    Can you prove that?
    Does the tenancy agreement state how you can serve notices?

    Please forget the '1 months notice'. That never complied with the law and even if it had, it would have ceased to be valid after the end of the contract.

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