Forum Home Search Login Register
+  Landlord Forum
|-+  General Category
| |-+  Tenant Advice & Help
| | |-+  Withdrawal from tenancy agreement

Withdrawal from tenancy agreement

Pages: [1]
Print
Author Topic: Withdrawal from tenancy agreement  (Read 256 times)
Newbie
Posts: 1

I like property

« on: April 25, 2021, 04:50:07 PM »

I’m currently living in a rental and signed a 1 year contract from July 2020 to end of June 2021. In January, the landlord asked whether we wanted to renew and we said “yes we’d like to” via WhatsApp.

We haven’t signed a new contract for 2021-2022 yet, but wanted to know what our options would be if we wanted to leave and not renew for the next year. We would want to do so amicably but would like to know what our position is from a legal perspective if the landlord is not willing to be reasonable
Global Moderator
Hero Member
Posts: 1184

I like property

« Reply #1 on: April 25, 2021, 05:24:02 PM »

It benefits both parties to allow it to go onto a periodic (monthly rolling) tenancy.If you want to leave,this only requires a month notice on your part,and 2 months for the landlord (if things revert to the original pre-Covid rules) You don't have to sign any further documents,it will take over from end of June.I would contact the landlord to state if you want this option. 
Global Moderator
Hero Member
Posts: 4005

I like lots of things

« Reply #2 on: April 26, 2021, 09:50:53 AM »

It doesn't sound like Tenant here wants to renew at all. Which is fine.

A Tenant has choices... some in-line with the Landlord... at the end of a fixed term (your end of June 2021) you could just leave... you don't even need to tell anyone... that's obviously not gonna end up being amicable, right? So if that's what you want to do (end it upon expiry of the fixed term) then it's best to advise the Landlord, say, three to two months before the fixed term expires... so that they can start their normal routine for finding new Tenants... which may possibly involve viewings and, eventually, a Check-Out etc..

Alternatively, as mentioned, you could agree with the Landlord that that the Tenancy is now renewed for another fixed term... but moves to Periodic... rolling, month-to-month... where both you and the Landlord have clearly defined notice periods but neither of you is tied-in... in the current climate this is much more favourable to the Tenant (at least one month notice) than it is the Landlord (six months notice, due to Covid). Plenty of Landlords like this... I do... but some prefer the security of a fixed term above the flexibility of rolling.

I do not believe your WhatsApp message construes a legal agreement as to renewal. If you don't want to then I reckon you can just follow it up with a "upon reflection, we have decided..." but it's always nice to give the Landlord some time... so try not to tell them mid-June. The Landlord cannot tie you into a Tenancy, unless there is a proper renewal with a proper fixed term. So I'm unsure what "unreasonableness" you are predicting? If you want to elaborate, please do...
Pages: [1]
Print