Despite all the perceptions, the vast majority of tenancies end when tenants decide to leave, not when landlords insist that they go. When you decide that the time has come to move on, or your fixed term is nearing its end and you don’t wish to stay on, you need to organise yourself all over again.
Giving Formal Notice
Just like when beginning one, legal contracts need formal closure.
- If you’re choosing to leave at the end of a fixed term, notify your landlord/agent in writing at least one calendar month in advance.
- Similarly, if you decide to move on at some later stage, it’s still essential that you let your landlord/agent know – in writing, recorded delivery unless it’s handed in to an agency, so there’s no confusion – at least a calendar month before.
- Date the letter, and give the exact leaving date in the letter.
- Send all correspondence to shut down contracts via recorded delivery – just to avoid any confusion.
- If there are any special terms or conditions in your lease, follow them.
Furthermore, if you have been happy and well cared for, legal requirements aside, courtesy still is appreciated and can prove valuable long term. Remember, you may want to come back here for a reference, say for a future rental, or even for a mortgage application.
The leaving date you are giving is legally binding; you can’t just change your mind if your new job falls through. If anything does happen within the formal notice period which makes you want to stay longer than your given leaving date, you need to contact the agency or
landlord very quickly. If they have not already agreed a contract with someone else, they will probably be happy to work something out. Even if they have, if you have a track record of being a good tenant the ‘bird in the hand’ theory will probably help you to persuade them in your favour.
If they have found someone that they prefer however, perhaps at a higher rent, you are unlikely to persuade them to accommodate your needs and you will be expected to move out as legally stated in writing.
What To Do Next
As soon as you give notice, check through your lease to find out what requirements have been put in for vacating the property,
and there will be some. This is also an excellent time to remember that some agencies (and a few landlords) make significant profits from the cleaning and redecoration of properties when tenancies change hands. Some of the requirements that have been made may take a bit of time, but still need doing. This is the rubber gloves moment that I mentioned earlier. It can take a while to get things ship shape in a unit you’ve been living in all year – especially if you’re at work most of the time and haven’t cleaned the oven out as you went along.
The 28-Day Clause
As mentioned earlier, when you look at your lease you are also likely to find in here a clause that allows, within reason, the landlord or agent to show prospective new tenants around the property during the notice period. Tenants who have got along well with their management may well be asked to tidy up a bit when new tenants are viewing. OK, you’re not obliged to do it, but if you’ve had a happy time and you’d like a reference, it’s not an unreasonable request.
If You Are Giving Notice Within The Fixed Term
It’s very much in your interests to help your landlord find a new tenant as quickly as possible by letting them do viewings with the place looking its shiny best. If tenants do give notice during their fixed term, they’ll still have a rental liability until the end of that
period. However, landlords/agents are still obliged to ‘take reasonable steps to find a suitable replacement’. If this is happening, helping them by being co-operative is a good idea. Some of the best services I know do genuinely try reducing their tenants’ potential losses, when tenants suddenly have to move out for good reason, and as I have said before there are a large number of reasonable landlords around.