Giving notice of termination

shellycub

Hi,

have tried searching but still a bit confused about giving notice. I am in the middle of a year lease but have to move due to getting a new job. We pay rent at the start of every month. I know we need to give 28 days notice.

I am confused about whether this notice should be 28 days before final rent? We would like to move asap so I would like Sept to be our last month but as we have past 28 days before would we be expected to pay rent for October also?

Thanks

Caranica

shellycub wrote: »

Hi,

have tried searching but still a bit confused about giving notice. I am in the middle of a year lease but have to move due to getting a new job. We pay rent at the start of every month. I know we need to give 28 days notice.

I am confused about whether this notice should be 28 days before final rent? We would like to move asap so I would like Sept to be our last month but as we have past 28 days before would we be expected to pay rent for October also?

Thanks

Does your lease have a break clause?

shellycub

No, not that I can see unless I'm missing it.

Baby01032012

If you’ve signed 12 month lease you are legally tied to paying rent for the 12 months. However you are entitled to reassign the lease to someone acceptable to landlord. Or you can ask landlord if he will let you out of lease early and only have to pay relenting fees on top of notice.

Apart from above if landlord agrees normal notice is 28 days if less than 6 months 35 days after 6 months. You could give notice in writing from any day. Say give notice 31 August you will pay rent at end of August for September the notice period and landlord will return deposit on your leaving date less any relenting expenses.

However you need to talk to landlord.

shellycub

Ok, thank you, just to clarify the notice period is September so our last rent payable would be August if the landlord agrees?

I don't think they'll have any problem finding someone new so am hoping they'll release us. If they ask us to find someone new once they move in are we free of any responsibility?

Baby01032012

Yes pay end of August or whatever your payment date is for the following month or whatever the notice period is 28 or 35 days.

Talk to landlord though but give notice in writing to avoid any dispute. lol at Rtb website for letter template. Relenting costs if he uses agent would be quiet a bit, 5% + vat on 12 month lease. You will also have to pay rent up to date new tenant signs lease.

shellycub

Ok, thanks very much. I have only ever met and dealt with agent so do I need to contact landlord myself or is going through the agent ok? Thanks so much for all your replies so far I really appreciate it.

Baby01032012

Probably agent. Although dealing with landlord would be easier and less expensive. Is agent managing the property as well as the original letting, if so you will have to go through them.

Dealing with landlord is easier and likely to be more understanding about having to move.

shellycub

The one or two times when I needed to contact someone it was the agent I contacted. I haven't had much contact otherwise.

Claw Hammer

Baby01032012 wrote: »

If you’ve signed 12 month lease you are legally tied to paying rent for the 12 months. However you are entitled to reassign the lease to someone acceptable to landlord. Or you can ask landlord if he will let you out of lease early and only have to pay relenting fees on top of notice.

Apart from above if landlord agrees normal notice is 28 days if less than 6 months 35 days after 6 months. You could give notice in writing from any day. Say give notice 31 August you will pay rent at end of August for September the notice period and landlord will return deposit on your leaving date less any relenting expenses.

However you need to talk to landlord.

The tenant can ask the landlord to accept an assignment of the lease. If the landlord doesn't agree, the tenant can terminate the lease and there is no need to wait until the expiry of the rental period. If the landlord agrees the assignment it can just go ahead whenever the tenant wants.

shellycub

Can I ask how many landlords would be happy/would want to let tenants reassign? Would they not prefer to do it themselves or through an agent who they know?

Claw Hammer

shellycub wrote: »

Can I ask how many landlords would be happy/would want to let tenants reassign? Would they not prefer to do it themselves or through an agent who they know?

They almost invariably refuse, the point is that once they refuse, it allows the tenant break the fixed term lease.

CeilingFly

Claw Hammer wrote: »

They almost invariably refuse, the point is that once they refuse, it allows the tenant break the fixed term lease.

The new tenant would have to be approved by the landlord. They can't unreasonably refuse, but you'd need to ensure the new tenant has verifiable references and ability to make the payment.

Far easier to negotiate with the landlord and agree the break in lease.

Claw Hammer

CeilingFly wrote: »

The new tenant would have to be approved by the landlord. They can't unreasonably refuse, but you'd need to ensure the new tenant has verifiable references and ability to make the payment.

Far easier to negotiate with the landlord and agree the break in lease.

The landlord can refuse for any reason or no reason. There is no requirement for reasonable grounds. Once the landlord refuses the tenant can terminate. There is absolutely o need for references etc.

GGTrek

Claw Hammer wrote: »

There is absolutely o need for references etc.

Herein lies the absolute scandalousness of the RTA

The_Conductor

GGTrek wrote: »

Herein lies the absolute scandalousness of the RTA

The RTA is there to protect the tenant- not the landlord- and it would be a silly landlord who thought it was a good safety net.

davo10

The_Conductor wrote: »

The RTA is there to protect the tenant- not the landlord- and it would be a silly landlord who thought it was a good safety net.

In the current climate I can't see a good reason to accept assignment, new tenants means an opportunity to increase rent within the guidelines. It's difficult to remove a tenant, when one leaves voluntarily, what is the benefit in allowing assignment?

4ensic15

davo10 wrote: »

In the current climate I can't see a good reason to accept assignment, new tenants means an opportunity to increase rent within the guidelines. It's difficult to remove a tenant, when one leaves voluntarily, what is the benefit in allowing assignment?

The benefit is continuity. There is no void period between tenants and no need for cleaning re-decorating etc. This has to be weighed against the risks and the possibility of higher rent. In the event of a fully satisfactory new tenant being proposed, it might make sense.

davo10

4ensic15 wrote: »

The benefit is continuity. There is no void period between tenants and no need for cleaning re-decorating etc. This has to be weighed against the risks and the possibility of higher rent. In the event of a fully satisfactory new tenant being proposed, it might make sense.

Considering you can't raise rent within the timeframe dictated by the RTA, earlier end to tenancies allows for more increases going forward. You can do an inspection and assess the situation. How do you know a "fully satisfactory new tenant" for assignment and is it different from a fully satisfactory new tenant who isn't the assigned one? (Poor syntax I know)

4ensic15

davo10 wrote: »

Considering you can't raise rent within the timeframe dictated by the RTA, earlier end to tenancies allows for more increases going forward. You can do an inspection and assess the situation.

The situation would have to be considered fully. Pre-assignment the old tenant will be living in the unit. It is only when a tenant has vacated that a full appraisal can be carried out. Almost invariably work needs to be done. Letting costs plus a void period plus outlay on work can make the possible rent increases trivial.

davo10

4ensic15 wrote: »

The situation would have to be considered fully. Pre-assignment the old tenant will be living in the unit. It is only when a tenant has vacated that a full appraisal can be carried out. Almost invariably work needs to be done. Letting costs plus a void period plus outlay on work can make the possible rent increases trivial.

True, but after 6 months? It will be another 18 months before rent review, and it's unlikely to be void for too long. Given that one months notice is required I'd be advertising now, inspecting immediately, cleaning for a couple of days after tenant moves out and having viewings after that. Chances are you'll have a deposit in your hand for a higher rent pretty soon after that and a rent review two years later. Makes sense.

3DataModem

Don't rely on the letter of the law. Have a mature conversation with your landlord about what you need, and come to a mutual arrangement.

IMO a tenant who leaves 6 months into a 12 month lease should forfeit part of the costs of finding a new one. If a landlord is paying 5%+VAT for tenant finding / vetting then I'd expect about half a months rent forfeited by the tenant. If the tenant was amenable to that then I'd give them whatever flexibility they needed (i.e. move out on the date of their choice, etc).

shellycub

Thanks for all the replies. Yeah I've no proble forfeiting, would nearly prefer that than hassle of finding new tenants as am moving a fair distance away for new job. I was lucky to get this place at the time so I know they will get someone new very quickly.

4ensic15

shellycub wrote: »

Thanks for all the replies. Yeah I've no proble forfeiting, would nearly prefer that than hassle of finding new tenants as am moving a fair distance away for new job. I was lucky to get this place at the time so I know they will get someone new very quickly.

If they can find someone quickly, so can you. All you have to do is offer one potential assignee to the landlord and you are off the hook. Why waste your deposit?

shellycub

Maybe I will have to and it will work out but at the minute I don't know how I will have the time to start my new job, find new accommodation myself, move and find new tenants.