Procedure to Be Followed for Termination of Tenancy of Property to Rent in UK
If the ownership of the property to rent in UK is changed whether it is changed by sale or inherited as a result of death of the landlord, the tenancies will keep running whether it is a fixed term tenancy or a periodic one. On the other hand, the licence to occupy continues only when the tenant has entered into new agreement with the new landlord.
A resident landlord is at liberty to change his place of living. There is no effect of changing the residence upon tenants but you may change the kind of tenancy so that it comes to the knowledge of them that you are no more a resident landlord. Tenancy will keep running even in case of death of the resident landlord as if the landlord is still living there alive. Changes do take place when somebody takes the ownership of the rented property in UK.
But if the landlord sale the house in occupation of tenants and new owner of property to rent in UK does not want to keep tenants he must serve them with a notice to this effect. The notice must be issued within twenty eight days of the sale. The other compulsory thing to do by the new owner in this matter is to move in the bought house within six months of the sale.
A non-excluded tenancy can be terminated at any time either by you or by your tenant provided that notice is given to the opposite side. This notice is termed as notice to quit. For a landlord to issue such notice, it must be served upon tenant four weeks prior to the date you wish him to vacate your property. The tenant can refuse to vacate your house and in such a case you have to move the court to order the tenant to vacate your home. The order of vacation of house for tenant is legally termed as procession order. Once the order is issued by the court, it is compulsory upon the tenant to vacate the property in UK.
In an excluded tenancy, landlord is required to serve upon tenant a notice to quite which must be of reasonable length. A written notice is not the requirement of law but to avoid future dispute, if any, it is better to issue a notice in writing. What is the reasonable length is to be determined according to the circumstances. Generally, the terms for which the rent is payable is taken as the reasonable length for serving notice upon tenant. For instance if the rent is payable on monthly basis then landlord is required to issue a one month’s notice to the tenant and similarly a week’s notice for rent payable weekly. The tenant and landlord can made arrangements otherwise in their tenancy agreement for property to rent in UK.
Where the tenancy is for fixed term, it terminates automatically at the end of the agreed term but it is better to intimate the tenant when the termination of term is approaching. There is no bar if you want to terminate it before the expiry date for the fix term and similarly your tenant can also do so by mutual agreement. If your tenant violates any clause of the tenancy agreement you may terminate the tenancy. “Break clause” in the tenancy agreement also permits you to end the tenancy of property in UK at an earlier date.
Cathrine Mckay - About Author:
Cathrine Mckay is a marketing officer for Greenlet, property lettings website in Edinburgh. If you want more information on www.greenlet.co.uk, please visit Greenlet Edinburgh.
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