Tenants leaving before year contract up

[magster]

Hi wondered if somebody could help me at all? I have tenants in a property they are meant to be leaving in May as they have a years contract. To be honest they haven't been great tenants always paying late but could have been worse. They have told me they can't afford the rent any more and have found another property and would like to move out in March. I am happy for this and don't mind the remaining rent not being paid. Is it okay to do this? If it is how do I go about doing it. Do they need to write a letter or?

Any help would be greatly appreciated

Thanks in advance.

[Richlist]

Yes its perfectly ok to end a tenancy by mutual agreement. I would suggest you get your tenants to write a short letter formally requesting an end to the tenancy on a specific date and that you reply in writing formally agreeing.

It might be a good idea to confirm, in your letter, that no rent deductions from the deposit will be sought for early termination on the date agreed.

You might like to include some of the details from the following letter that I usually provide to my outgoing tenants:

Your name & address

Date

IMPORTANT - This letter contains important information for the return of your deposit.

Dear XXXXX,

Re: End of Your Tenancy Agreement for XXXXXXRental Address.

Thank you for notifying us today that you wish to end your tenancy of rental address. The earliest your tenancy can end is XXXXX date 2013. This letter is to advise you how you should leave the property when you move out.

1. Its important that you leave the property in a clean & tidy condition. General wear & tear is accepted but any damage, breakages, missing items or anything that is not clean may result in a deduction from your deposit. If you are unsure then please contact us. Its important that the property is handed back to us in a condition that is suitable for new tenant(s) to move in immediately. We prefer to return complete deposits as this means we have had no work to do.

You should ensure that the whole of the property is clean including (but not only):-

• Carpets.
• Curtains.
• Lampshades/ light fittings.
• All kitchen equipment including walls & tiles.
• All bathroom equipment.
• Windows.
• Any marks on walls, woodwork, door frames, skirting boards etc have been cleaned off.
• Any mirrors or glass have been cleaned.
• All light bulbs & smoke detectors are working.
• The oven & hob are clean.
• The fridge is defrosted (please ensure water from fridge does not run onto floor & damage kitchen units/ floor coverings).
• Any soft furnishings supplied have been cleaned, this includes- shower curtains & net curtains & floor mats.
• Anything else that has been provided & that you will hand back to the landlord.

2. Your deposit is held within the Tenancy Deposit Scheme operated by XXXXXX complete as necessary. Payment of all or part of the deposit will normally be made within 10 working days of the end of the tenancy.

3. Please ensure you provide us with a forwarding address.

4. If you have changed the electricity/ gas supplier you must provide the details. Currently our records show XXXXXXXX as the supplier. Please advise us if this is NOT correct.

5. You must also ensure that :

• All instruction books are left at the property.
• All the keys are returned.
• You have contacted the utilities: Electric, Water, Sewerage & Council Tax.
• You have made a note of the meter readings.
• You dispose of all rubbish before you leave.
• You have removed all of your personal belongings.
• Note: Royal Mail can redirect your mail for a charge, for up to one year……but we are happy to forward your mail on to your new address for a week or two.

6. When you leave, turn OFF all electrical appliances, ensure all doors & windows are locked and post your keys through the letterbox.

If you are unsure of anything, please contact us.

Yours sincerely

Your name & address

[Mortitia]

Surely a 'Deed of Surrender' would be more appropriate saying that you are willing to accept an early end to the fixed period( you could make the tenants pay the full amount until May) but as an act of goodwill you are acting thus - then go on to note the items as Richlist suggests.

Mortitia