This is a topic mainly aimed at tenants but for everyone else it does not hurt to swat up on your lettings legalities!
I WANT TO GIVE NOTICE TO LEAVE MY PROPERTY..HOW DO I DO IT?
First of all, you need to look at the date you moved into the property (the date on your tenancy agreement) This is called the anniversary date, usually this is also the date you pay the rent or it should be in most cases.
You are required as tenants to give at least 1 full calendar month notice in writing to your landlord or letting agent. For example: if you moved into the property on the 17th December and you want to move out in July, you would need to give 1 months’ notice on 17th June to then vacate on the 16th of July. (This is the day before the rent would then be due again) You would pay your last month’s rent on the 17th June.
DOES “IN WRITING” MEAN I HAVE TO WRITE A LETTER?
No, as long as you state the property address, your name, the current date and the date you will be vacating the property, a letter or email is fine. You and the landlord/letting agent need to have a paper trail for the notice being given should any of you need to refer back to it at any stage.Some people like to give the notice in writing by emailing and sending a letter. Your landlord/letting agent should then confirm receipt of the notice and inform you of what will happen next.
IF I VACATE MY PROPERTY BEFORE MY NOTICE EXPIRES AM I ENTITLED TO SOME RENT BACK?
In a nutshell…no. The rent you have paid will take you up to and including the last day of your tenancy. it is completely at the discretion of your landlord/letting agent if they are happy to refund rent back but they are not legally obliged to do so.If your vacation date is the 17th but you decide to move out on the 12th and someone else is moving in on the 20th, if the landlord was to refund rent they would be left with a rent free period of 8 days instead of the original 3.It would not be cost effective for them.
ONCE I HAVE GIVEN NOTICE, IS MY DEPOSIT DUE BACK TO ME?
No, the deposit is registered with a deposit scheme and is secure until the landlord/letting agent agrees it can come back to you with any deductions that are going to be made. How you choose to let the landlord/letting agent deal with the property “check out” is somewhat down to you. Some tenants like to be present and have every right to do so, other tenants like to vacate first and the let the landlord/agent go in after.
Once a full and final check out has been conducted, the landlord/letting agent should contact you within 7 days to discuss the full or proposed part-payment of deposit due back to you. They will match up the check out to the original inventory that was done when you moved in and discuss any discrepancies with you. Once you and the landlord/agent are in agreeance about the deductions (if any), the deposit will be returned to you. If you cannot reach an agreement, the case will be put to an individual adjudicator within the scheme that your deposit is registered with for a final decision.
*The above list is not exhaustive of the move out procedure, it outlines where to start when giving notice. For more information, please contact