If you`re a landlord or a tenant, chances are you`ve come across periodic tenancy agreements. These are tenancy agreements that roll on a week-by-week or month-by-month basis, without a specific end date. While they offer flexibility, they can also be tricky when it comes to ending them. In this article, we`ll take a look at how to end a periodic tenancy agreement in a way that`s legal, fair and clear for everyone involved.
First of all, it`s important to understand the legal requirements for ending a periodic tenancy agreement. In most cases, either the landlord or the tenant can give notice to end the tenancy, as long as they follow certain rules. The notice period will depend on the terms of the agreement and the type of tenancy (for example, if it`s an Assured Shorthold Tenancy in England, the notice period is usually two months). Make sure you check the terms of the agreement and the legal requirements for your specific situation before giving notice.
Once you`re clear on the legal requirements, it`s time to communicate with the other party. If you`re a tenant, you should give notice in writing, either by letter or email. Make sure you keep a copy of the notice and get proof of delivery (for example, a receipt or an email confirmation). If you`re a landlord, you should also give notice in writing, and make sure you specify the date on which the notice takes effect. It`s a good idea to discuss the notice with the tenant in person or over the phone, to avoid any misunderstandings.
When giving notice, it`s important to be clear and concise. You don`t need to give a reason for ending the tenancy (unless there`s a specific clause in the agreement that requires it), but you should specify the date on which the tenancy will end. You should also make sure you give enough notice, as specified in the agreement or the legal requirements. If the tenant is in breach of the agreement (for example, they haven`t paid rent or they`ve caused damage to the property), you may be able to give shorter notice, but you should seek legal advice before doing so.
Once notice has been given, both the landlord and the tenant should take steps to prepare for the end of the tenancy. The tenant should start looking for a new place to live, and make arrangements for moving out. The landlord should start preparing the property for the next tenant, which may include cleaning, repairs and maintenance. If there`s a deposit involved, the landlord should also make arrangements to return it to the tenant (or to make deductions if necessary), in accordance with the terms of the agreement.
In conclusion, ending a periodic tenancy agreement may seem daunting, but it doesn`t have to be. By following the legal requirements, communicating clearly with the other party, and preparing for the end of the tenancy, you can make the process as smooth as possible. If you`re unsure about anything, seek legal advice to ensure that you`re acting in compliance with the law and protecting your rights.