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May, 2017

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  1. #1

    Default Agreed to End 6 month AST 3 weeks early - any specific paperwork required?

    Hi All,

    Tenant asked to leave 3 weeks early from a 6 month AST. We've agreed (via email). Are there any specific written notices we need to give? I've read some mention of Section 5 of the housing act, but not sure if we need to say anything specific in a letter to them to make sure alll is watertight.

    Any advice gratefully received.

  2. #2
    Join Date
    Mar 2009
    Posts
    16,466

    Default

    Ideally (for the protection of both tenant & landlord) you would want yourself & tenant to each sign 2 copies of a "Deed of surrender" having left property & returned keys (ie when he has no motivation for doing so). You can ask him to do so (perhaps mentioning deposit return).

    Me, I'd send detailed email on terms agreed (is he paying you/you paying him/what about deposit & check-out-inspection), keys, uncollected goods.... and ask him to confirm agreement. Should stand up in court, especially if you take loads of date-stamped photos of an emptied property after he's gone. (But then I can probably afford to gamble..)
    I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

  3. #3
    Join Date
    Mar 2008
    Posts
    3,497

    Default

    Quote Originally Posted by TheFlash View Post
    Tenant asked to leave 3 weeks early from a 6 month AST..
    Has the tenant paid the rent until the end of the fixed term?

    Have you agreed to re-pay the tenant 3 weeks rent?

  4. #4

    Default

    The tenants will pay the 1 month + 1 week together, so I should have all the remaining rent over a month ahead, so there is no repayment of rent required. All seems very agreeable at the moment. We've also received a request for a reference for their next rentall.

    I wondered if a confirmation letter such as this would suffice:
    http://www.landlordzone.co.uk/pdf/MoveOutLetter.pdf

    If I needed to serve the Deed of Surrender, are they supposed to sign that as they leave? Of after? Guess we can do that also, but I was most concerned about making sure all happens as planned on that date and we've not overlooked any confirmation letters/agreements/notifications we were supposed to have written ahead of time.

    We've agreed date of leaving inspection, but I guess we could be more specific.

  5. #5
    Join Date
    Feb 2014
    Location
    Midlands
    Posts
    12,328

    Default

    To be 100% foolproof you want a deed of surrender which is signed once you've agreed to accept the property back in it's (then) current state and that you and the tenants agree that all is OK.
    There's one from a forum member here - http://www.landlordzone.co.uk/forums...071#post364071

    This is probably a belt and braces if you and the tenant are all happy with the agreement - but it means that there's no chance of you winning if you decide in three years time to sue them for the three weeks rent and no chance of them coming back the following week and claiming that you illegally evicting them.
    More to the point, you might want to let the place before the end of the current fixed term, and this makes the situation totally clear.

    Your emails and communication are probably more than enough - formal agreements are only necessary when something goes wrong (the tenants next home falls through the day you agree to let to someone else or one of you gets run over).
    When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
    Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

  6. #6

    Default

    Agree with the others, if you have mutual agreement to end the tenancy early in writing (which is clear on all the terms pertaining to the early surrender) then you're probably fine but a deed of surrender would be better ideally.

  7. #7

    Default

    So a deed of surrender has to be signed by both parties for a future specified date of the tenant vacating i.e. before the tenant leaves, the deed has to be signed by all relevant parties?

  8. #8
    Join Date
    Jan 2011
    Posts
    6,806

    Default

    DoS is signed, in person by both Parties, on last day, after keys returned and any money due is paid/received.
    DoS legally ends T when signed.

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