Ending a Tenancy
Legally terminating a tenancy agreement
It’s important to be aware of the legal rights concerning both parties when committing to a tenancy agreement, ensuring all obligations are fulfilled preventing liability claims and confusing of terms regarding any end of tenancy or licence agreement.
Ending a license or tenancy as a landlord
In the event of ending a tenancy or licence in order to reclaim property, notice must be given providing the date of the amended tenancy or licence expiry. The form of notice and timeframe required depends upon the form of agreement and whether the tenancy is a licence or not.
Ending a tenancy - serving a 'notice to quit'
A tenant must always be officially informed in writing regarding the end of a tenancy, with details including the latest date by which they must leave it. The type of licence or tenancy determines the lengths of notice required, and the reason for termination of agreement.
Generally the period is no less than two weeks and is ordinarily around two months. In the event that the tenancy is an excluded tenancy (where by the tenant shares facilities with the landlord); then the notice period must be that of a reasonable amount.
In many tenancies, the notice required must arrive in a particular form, including regulated information and warnings. A standard form of notice can be obtained from legal stationers.
A landlord has an automatic right of possession at the expiry of an assured shorthold tenancy, however only in the event that two months' notice has been provided to the tenants.
Ending a license agreement
A tenant may have a licence in the event that they do not hold exclusive use of the accommodation in question i.e. if the landlord has unrestricted access to part of the property they are renting. A landlord is entitled to end a licence by serving a 'notice to quit'. The notice period can depend upon the agreed terms, often however four weeks notice is required at a minimum.
In the instance that a tenant has an excluded tenancy or licence (i.e. they live with you or are in holiday letting, or hostel accommodation) only 'reasonable notice' is required.
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