A periodic tenancy can be ended by a landlord through issuing a notice to vacate the premises. The notice must comply with the legal requirements and state a valid reason for termination, such as wanting to sell the property or move in themselves.
A periodic tenancy agreement allows a tenant to rent a property on a rolling basis, typically on a monthly basis, without having a set end date. There may come a time when a landlord wishes to end a periodic tenancy for a variety of reasons, such as wanting to sell the property or move in themselves.
In such a situation, the landlord must follow the correct legal process to terminate the tenancy effectively and avoid any future complications or legal disputes with the tenant. This article outlines how a landlord can end a periodic tenancy effectively and legally.
Understanding Periodic Tenancy Agreements
Periodic tenancy agreements are tenancies that automatically renew at the end of each rental period. This type of tenancy agreement is also known as a rolling or month-to-month agreement. Here are the key points to better understand periodic tenancy agreements:
Definition of periodic tenancy agreement
A periodic tenancy agreement is a rental agreement that rolls from one rental period to another, such as month-to-month. The rental period begins once the tenancy agreement is made, and it lasts as long as the tenant continues to pay rent and the landlord doesn’t end the agreement.
Types of periodic tenancy agreements
- Monthly periodic tenancy agreement – this type of tenancy agreement automatically renews every month. The tenant must give notice of one month to end the tenancy, while the landlord must give two months’ notice to end the tenancy.
- Weekly periodic tenancy agreement – this type of tenancy agreement automatically renews every week. The tenant has to give notice of one week to end the tenancy, while the landlord must provide two weeks’ notice to end the tenancy.
Rights and responsibilities of landlords and tenants
Landlord’s rights and responsibilities
- The landlord has a right to receive rent from their tenants, as agreed in the tenancy agreement.
- The landlord must provide tenants with a copy of the government’s how to rent guide.
- The landlord must ensure that the rental property meets specific standards for safety, such as gas safety, electrical safety, and fire safety.
- The landlord must provide tenants with a written tenancy agreement.
- The landlord has the right to end the periodic tenancy by providing two months’ notice.
Tenant’s rights and responsibilities
- The tenant has the right to live peacefully in the rental property, without being disturbed by the landlord or other tenants.
- The tenant must pay rent on time, as agreed in the tenancy agreement.
- The tenant must give one month’s notice to end the tenancy.
- The tenant has the right to dispute any unreasonable deductions from their security deposit.
- The tenant must not damage the rental property or its contents.
It is essential for landlords to understand the different types of periodic tenancy agreements and their respective rights and obligations, to have a successful and straightforward rental relationship with their tenants.
Grounds For Terminating A Periodic Tenancy
As a landlord, you may find yourself in a position where you need to terminate a periodic tenancy agreement with your tenant. Knowing the grounds for terminating such an agreement is crucial. Here are the most common reasons for termination by landlords:
- The tenant has breached the terms of the tenancy agreement, such as not paying rent on time.
- The landlord requires the property back for their own use or for renovation purposes.
- The landlord wishes to sell the property.
- The tenant has caused damage to the property or has been a nuisance to the neighbors.
Common Reasons For Termination By Landlords
When it comes to terminating a periodic tenancy agreement, certain reasons are legally acceptable. Here’s a brief explanation of the common reasons for termination by landlords:
- Non-payment of rent: If the tenant fails to pay rent on time, the landlord can give them notice to vacate the property.
- Breach of contract: If the tenant breaches any terms of the contract, such as subletting or keeping pets without permission, the landlord can give them notice to vacate the property.
- Landlord requires the property: If the landlord requires the property for their own use, they can give the tenant notice to vacate, providing they have given sufficient notice and have not used the property as an excuse to evict the tenant unlawfully.
- Selling the property: If the landlord wishes to sell the property, they can terminate the agreement at the end of a rental period or during with proper notice to the tenant.
- Property damage or nuisance: If the tenant has caused damage to the property or has been a nuisance to the neighbors, the landlord can give them notice to vacate the property.
Notice Requirements For Ending A Periodic Tenancy
In order to terminate a periodic tenancy agreement, landlords must follow specific notice requirements. Here’s what you need to know:
- For a week-to-week tenancy, the landlord must provide a minimum of seven days’ notice before the end of any rental period.
- For a month-to-month tenancy, the landlord must provide a minimum of 30 days’ notice before the end of any rental period.
Steps To Follow When Ending A Periodic Tenancy
When you as a landlord decide to end a periodic tenancy agreement with a tenant, there are a few steps you should follow to ensure a smooth transition. Here are some recommended steps:
- Provide written notice to the tenant: This notice should clearly state the date on which the tenancy will end, the reason(s) for ending the tenancy, and the date by which the tenant must vacate the property.
- Conduct a property inspection: Before the tenant leaves the property, it’s recommended that the landlord conduct a thorough inspection to check for damage or other issues.
- Collect keys and final rent payment: The landlord should collect the keys from the tenant and collect any outstanding rent payments or deposits, as per the tenancy agreement.
- Document the situation: It’s important to document the entire process, including any violations of the tenancy agreement, to protect yourself in case of any future legal issues.
Giving Notice To Terminate The Tenancy
As a landlord, there may come a time when you need to end a periodic tenancy. This can be for a variety of reasons, such as the tenant breaching the terms of the tenancy agreement, or simply because you want to reclaim the property.
Types Of Notices
There are two types of notices that a landlord can use to terminate a periodic tenancy: a section 21 notice and a section 8 notice. Here are the main differences:
- Section 21 notice: This is a ‘no-fault eviction’ notice which can be used by landlords to reclaim possession of their property at the end of a fixed-term or during a periodic tenancy. It can be served at any time, as long as the required notice period is given.
- Section 8 notice: This notice can be used by a landlord if the tenant has breached the tenancy agreement in some way, such as not paying rent on time. There are specific grounds (reasons) for using a section 8 notice, and the notice period may vary depending on the grounds specified.
How To Serve The Notice
It’s important to serve the notice correctly, as failure to do so could render it invalid. Here are the main points to consider:
- The notice must be in writing and address the tenant(s) by name.
- The notice must specify the date on which it is served and the date on which the tenancy will end.
- The notice must be served in a way that can be proven, such as by recorded delivery or hand-delivery with a witness.
- If the tenant has more than one address, it’s important to ensure that the notice is served at the correct one.
Landlord’S Notice Periods
The notice period required for terminating a tenancy depends on which type of notice is being used and the terms of the tenancy agreement. Here are the key points to consider:
- Section 21 notice: The notice period must be at least 2 months, and the notice cannot expire earlier than the end of the fixed-term or the end of a rental period.
- Section 8 notice: The notice period varies depending on the grounds specified, but it must be between 2 weeks and 2 months.
- Tenancy agreement: The tenancy agreement may specify a notice period, which must be followed in addition to any legal requirements.
When giving notice to terminate a tenancy, it’s important to ensure you use the correct type of notice, serve it correctly, and follow the required notice period. By doing so, you can avoid any potential legal issues and smoothly end the tenancy.
When To Start Possession Proceedings
Before starting possession proceedings, landlords should try to resolve the issue with their tenant amicably. However, if this doesn’t work, the following are some reasons why landlords might need to start possession proceedings against their tenants:
- The tenant has not paid rent for at least two months, and there is no evidence that they will do so soon.
- Significant damage has been done to the property.
- The tenant has breached a term of the tenancy, and the breach is significant enough to warrant an eviction.
- The property is required for use by the landlord or is being sold.
How To Apply For A Possession Order
If a landlord wants to start possession proceedings, they must follow the correct legal procedure. The following steps should be taken:
- Landlords must give their tenants at least two months’ written notice before starting possession proceedings. This is known as a section 21 notice.
- If the tenant does not leave the property, landlords should apply for a possession order at their local county court. They will need to provide evidence of the notice given and the reasons for seeking possession.
- If the court grants a possession order, the landlord can use bailiffs to evict the tenant if they still refuse to leave.
Attending Court And Possession Hearings
When attending court, landlords should be aware of the following information:
- They should bring a copy of the notice and any evidence they have to support their case.
- The tenant may dispute the claim, in which case a court hearing will be arranged.
- If the tenant fails to attend the hearing, a possession order will likely be granted.
- If the tenant disputes the claim, a judge will hear both sides of the argument before making a decision.
- If the possession order is granted, the tenant will be given a deadline by which they must leave the property. If they do not leave by this date, the landlord can use bailiffs to evict them.
Landlords should note that eviction is a last resort, and it is always preferable to try and solve any issues with tenants amicably. If eviction does become necessary, landlords should follow the correct legal procedures to avoid any potential legal issues in the future.
Alternative Options For Ending A Periodic Tenancy
Tenancy agreements can be ended in several ways, but it’s always safest to follow the tenancy laws and regulations to avoid any legal consequences, which is why it’s essential for landlords to review the terms of the leasing agreement before delivering any notice to their tenants.
If you are a landlord, and for some reason, you want to end a periodic tenancy agreement, there are alternative options available.
Negotiating With The Tenant To Terminate The Tenancy
If you are on good terms with your tenant, you might consider negotiating the terimination of the tenancy agreement with your tenant directly. If your tenant agrees, you can arrange for the return of the keys, conduct a final inspection, and settle any outstanding payments.
It’s important to note that it’s always best to put this agreement in writing, signed by both parties, to avoid any legal disputes in the future.
Here are some points to consider when negotiating with your tenant:
- Approach your tenant in a professional and friendly manner and let them know your reasons for ending the tenancy agreement.
- Be willing to negotiate and come up with an agreement that is fair to both parties.
- Clearly communicate the terms of the agreement, including the termination date, the return of keys, the final inspection, and any outstanding debts.
- Put the agreement in writing and signed by both parties.
Using A Mediator To Resolve Disputes
If negotiations between you and your tenant are not going well, it might be helpful to seek the services of a mediator to help resolve the dispute. A mediator is a neutral third-party who can assist in negotiations and help both parties reach an agreement.
Here are some points to consider when using a mediator to resolve the dispute:
- Look for a qualified mediator experienced in tenancy disputes.
- Once both parties agree to use a mediator, arrange a meeting at a neutral location.
- Clearly communicate your expectations to the mediator, including what you want to achieve and what your bottom line is.
- Be open to suggestions and willing to find a compromise to reach an agreement.
- Put the agreement in writing and, if possible, have it signed by both parties.
Surrendering The Tenancy Agreement
A tenancy agreement can also be surrendered by mutual agreement between the landlord and tenant. This means the tenant returns the property to the landlord before the end of the tenancy agreement’s term, and both parties agree to terminate the agreement.
Here are some points to consider when surrendering the tenancy agreement:
- Both parties must agree to surrender the tenancy agreement mutually.
- Draft a surrender agreement and state the reasons why the tenancy is being surrendered.
- Agree on how the keys will be returned, when the property will be surrendered, and any outstanding debts settled.
- Once both parties agree to the surrender, the tenant must deliver the property to the landlord, and the landlord must accept it.
Ending a tenancy agreement can be a complicated process, and landlords must follow the correct legal procedure to avoid any legal implications. Be sure to review the agreement terms before ending the tenancy period, and always consider alternative options if things don’t go according to plan.
By negotiating with your tenant, using the services of a mediator, or surrendering the tenancy agreement mutually, you can make this process less stressful and more manageable.
Frequently Asked Questions On How Landlord Can End A Periodic Tenancy?
How Can The Landlord End A Periodic Tenancy?
A landlord can end a periodic tenancy by providing the tenant with a written notice in compliance with state laws.
What Should Be Included In The Notice To End The Tenancy?
The notice provided by the landlord should include the date the tenancy will end, a statement that the landlord is terminating the tenancy, and any necessary details required by state laws.
Can A Landlord End A Tenancy Without Cause?
In some states, a landlord can end a periodic tenancy without providing a specific reason. However, they must provide a written notice and comply with state laws.
What Can A Tenant Do If They Disagree With The Notice To End The Tenancy?
If a tenant disagrees with a notice to end a tenancy, they should review their lease and state laws to determine if the landlord is acting lawfully. If the tenant believes the landlord is in violation of the lease or state laws, they can seek legal advice or assistance.
As a landlord, it is important to know the proper procedures for ending a periodic tenancy. Failure to follow these procedures can result in a legal nightmare that could cost you time and money. Remember that giving adequate notice and following your state laws are key to ending a tenancy legally.
Be sure to communicate clearly with your tenant and document everything for your records. If you have any doubts, seek legal advice before taking action. It’s better to be safe than sorry. By properly ending a tenancy, you can ensure that your property is returned to you in good condition and that you maintain a positive relationship with your tenant.
Remember, a little bit of preparation and communication can go a long way in preventing disputes and protecting your investment.