As many of you will have experienced, moving house can be very stressful. We are here to make sure the process is easy for you and to put your mind at rest. Here are some questions that are often asked.
Please note: The questions and answers below do not constitute financial or legal advice. please consult your professional financial or legal advisors before making any decisions for yourself.
- How much notice do I need to give to end the tenancy?
- Moving out before my periodic notice tenancy expires?
- Coming to the end of your fixed-term tenancy and not sure what to do from here?
- Getting a replacement tenant during the term of my tenancy?
A fixed-term tenancy automatically becomes a periodic tenancy on expiry of the fixed term, unless either party gives notice they do not want that to happen. This notice must be given no sooner than 90 days before the end of the tenancy and no later than 28 days before the end of the tenancy.
If there is a provision in the tenancy agreement for a right to renew, or to extend the fixed term tenancy and the tenant wants to take that up, the tenant must write to the landlord advising them at least 28 days before the fixed-term tenancy is due to end.
A fixed-term tenancy cannot be terminated before the term is complete without the agreement of both parties and otherwise automatically becomes a periodic tenancy at the end of the fixed term. Please speak to your Property Manager to confirm your position.
Generally, a tenant must give a landlord at least 28 days’ written notice when they want to end the tenancy. A landlord may allow a tenant to give shorter notice. This should be stated in writing.
A landlord must give a tenant at least three months’ (90 days’) written notice to end the tenancy and can only do so under strict conditions. Please confirm these with your Property Manager.
There are some circumstances where the landlord is not required to give as long a notice period.
If the owner of the property or a member of the owner’s family requires the property to live in, then the notice period is 63 days.
If a landlord regularly uses, or has purchased, the property for their employees to live in, 63 days’ notice applies. However, the tenancy agreement must clearly state that the property is generally used for this purpose.
If a landlord gives a tenant notice to end the tenancy, then the tenant is entitled to continue possession of the property until the termination date. However, if the tenant chooses to move out sooner than that date, then they must still give 28 days’ written notice to the landlord. Sometimes a landlord will not mind the tenant leaving earlier but this must be agreed between them in writing.
We will contact you and see if you want to renew your tenancy or if you are ready to move on. If you would like to renew for a further fixed term, we then liaise with both you and the property owner to see whether this will work for both parties. If you are moving on we will take care of this and organise the final inspection.
Your new tenant will be required to complete an application form and also supply references that meet our approval. We will need to add them to both the tenancy agreement and the bond form. As the departing tenant will also require their bond back, you will need to arrange this and there is a charge for this transfer. Please contact your Property Manager before your new tenant moves in. Please confirm with your Property Manager what the current administration cost is for this process.