Lettings • Management • Rent Guarantee | 023 9300 8021 • hello@fikacoliving.co.uk
Lettings • Management • Rent Guarantee | 023 9300 8021 • hello@fikacoliving.co.uk
When ending your tenancy, there are certain procedures that both you and your landlord need to follow. To ensure a smooth process, it's important to follow the correct procedures and give the proper notice.
Disclaimer: This page provides general information only about ending a tenancy, however you should always check your tenancy agreement for specific terms and conditions that may apply to your tenancy. If you are unsure about your rights or obligations, you should seek professional advice.
Giving official notice to end your tenancy is a legal requirement, and whilst this is simple to do, when you are actually able to end your tenancy and the notice period you are required to give will depend on the type of tenancy you have (a fixed term or periodic) and how often you pay rent (your rental period).
1. Fixed Term Tenancies
A fixed term tenancy means that the tenancy will run for an agreed period of time (e.g., 6 months or 12 months). This is what you will have most likely agreed to when you started a new tenancy, or if you have ever renewed your tenancy.
2. Periodic Tenancies
A periodic tenancy doesn't have a fixed end date, but instead runs from one rental period to the next, e.g. month to month or week to week, depending on how often you pay rent. You can give your landlord notice to end your tenancy at any time during a periodic tenancy, however there are still certain conditions such as the notice period you must give and with it being line with your rental period.
Notice periods for periodic tenancies:
In all cases, your notice period must usually end on the last day of a rental period.
3. Aligning your notice with your rental period
When giving notice, your tenancy end date will usually need to align with your rental period. This means the last day of your tenancy should also be the last day a rental period.
For example, if you pay rent monthly and it is due on the 10th of every month, your rental period runs from the 10th day of the month to the 9th day of the following month. Therefore, let's say you decide to give your one month's notice on 25th January, your notice will not then end on 24th February, but on 9th March instead, which is the last day of your next full rental period. Therefore it may seem like you have given more than one month's notice, but you actually haven't, and in this case, you would be liable for rent up to and including this date.
It is also important to note that in most cases, if you have prorated your rent payment date to be different from the first day of a rental period, i.e. you pay your rent on 1st of the month, but your rental period starts on the 10th of the month, your notice period should still align with your rental period and you should ask your landlord to pro rata your final rent payment.
4. Moving out before the end of my notice period
Giving notice to end your tenancy ends your legal obligation to the property, but only from the tenancy end date onwards, therefore if you decide to move out before the end of the notice, your tenancy will not end early and you will still be responsible for paying rent and fulfilling all other tenancy obligations until the final day of your notice period. This applies even if you have returned the keys before your notice ends,.
It is also important to note that if you paid a tenancy deposit, we cannot return this to you, or make any end of tenancy charges until your tenancy officially ends.
5. How to give your notice
Your notice must be given in writing, and the quickest and most efficient way of doing so is to request to end your tenancy on your tenant app. Alternatively, you may send us an email to lettings@fikacoliving.co.uk.
If you decide to email us, your notice should include the following information:
Once you have given your notice, we will contact you to discuss the end of tenancy process, including arranging a check out inspection, returning the keys and, where applicable, end of tenancy charges and how your tenancy deposit will be handled.
Depending on whether you paid a tenancy deposit or used a deposit replacement, the process for paying end of tenancy charges can be slightly different.
If you initially rented a new property through us and paid a tenancy deposit, it will be held by My Deposits and registered under their custodial protection scheme.
Once your tenancy has ended and we have carried out a check out inspection, your landlord may wish to charge you for any rent arrears, cleaning or damages etc. In such cases, we will submit a Deposit Release Request (DRR) to My Deposits with the proposed deductions from your deposit, who will then be in contact with you with what to do next.
Simply let My Deposits know that you accept the deductions and they will request your bank details to refund any remaining amount of your directly back to you within 5 working days (but it is usually much quicker).
Just let My Deposits know that you wish to dispute the charges and the case will be referred to their dispute resolution team. This service provides independent adjudication and makes the final decision on the amount to be charged by the landlord and deducted from your deposit. However, please note that disputing any charges can significantly delay the return of any remaining amount of your deposit back to you, in some cases up to 8 weeks.
Tenancy deposits are legally capped at 5 weeks worth of rent, however landlords can still charge tenants more than their deposit amount should they have cause to do so. In such cases, the full amount of your tenancy deposit will be retained by the landlord and you will receive a separate invoice for any additional charges with payment required within 7 days. Should you fail to make payment, legal action may be taken against you.
If your deposit is protected by a different deposit scheme, or it was insured by the landlord instead of being registered under a custodial scheme, a different process may apply. In any case, you should always refer to your deposit certificate.
The other deposit schemes are:
If you initially rented a new property through us and used a deposit replacement instead of paying a tenancy deposit, or switched from a tenancy deposit to a deposit replacement, you would have used Flatfair.
Once your tenancy has ended and we have carried out a check out inspection, your landlord may wish to charge you for any rent arrears, cleaning or damages etc. In such cases, as there is no deposit to make any deductions from, we will submit the charges to Flatfair who will then be in contact with you with what to do next.
Simply let Flatfair know that you accept the charges and they will send you details to make payment within 5 days.
Just let Flatfair know that you wish to dispute the charges and the case will be referred to their dispute resolution team. This service provides independent adjudication and makes the final decision on the amount to be charged by the landlord and that you must pay. However, please note that to dispute any charges, you will need to pay a £25 adjudication fee that will only be refunded to you if your dispute is successful.
By using Flatfair, landlords can claim up to 5 weeks worth of rent for any rent arrears, and where there are less than 5 weeks or no rent arrears, they can claim between 5 to 10 weeks worth of rent for any dilapidations for cleaning and damages etc. However, landlords can still charge more than this should they have cause to do so. In such cases, the maximum amount through Flatfair will be claimed, which you must pay within 5 days, and we will send you a separate invoice for any additional charges with payment required within 7 days. Should you fail to make payment, legal action may be taken against you.
If you used a different deposit replacement scheme, a different process may apply. In any case, you should always refer to your deposit replacement agreement.
The other deposit replacement schemes are:
Please reach us at lettings@fikacoliving.co.uk if you cannot find an answer to your question.
Usually, yes. Whilst your tenancy has a set end date (the end of the fixed term), in most cases, if the required notice period is not given to end the tenancy at this time, it will automatically become a periodic tenancy, and therefore you will usually still be required give your landlord written notice that you intend to move out. even if you are not required, it is always best practise to let your landlord know to avoid any confusion and inconvenience after your move out.
A break clause is a specific term that can be used during a fixed term tenancy that gives both you and the landlord the right to end the tenancy 'early', as long as you provide the agreed notice period within the specific timeframe specified in the clause.
If your agreement doesn't have a break clause, you are legally responsible for paying rent for the entire fixed term of the tenancy.
If you are in a joint tenancy, you are all jointly and severally responsible for the rent and obligations, therefore if one tenant gives notice to end the tenancy, it will end for everyone.
Yes, if you fail to give the correct notice period, or in the correct way, and you decide to move out anyway, you will still be liable for rent until the correct notice is provided. Your landlord can therefore legally claim any unpaid rent and other costs from your tenancy deposit or against deposit replacement. If your deposit or deposit replacement does not cover the full amount owed by you to the landlord, the landlord may take legal action against you which may affect your credit score and your ability to rent privately in future.
Yes, unlike an insurance company where you pay a one-off or monthly fee and they will then pay out in the event of a claim, a deposit replacement is purely offered as a more affordable alternative than paying a tenancy deposit. This means that you are be liable to pay for any claims in full, whether agreed between you and the landlord directly or by the deposit schemes independent adjudicator. The process of paying for any claims may differ depending on the deposit replacement scheme used and you should refer to your deposit replacement agreement or certificate for their terms and conditions. It is important to note that if you fail to pay, legal action may be taken against you.
Fair wear and tear refers to the natural deterioration of a property over time from normal, everyday use. This is not the same as damage. Examples of fair wear and tear include faded curtains, worn carpets in high-traffic areas, or scuffs on walls. Examples of damage would be ripped or mouldy curtains, a large stain on the carpet, or a dent or holes in the wall (including where picture frames or a TV etc. have been hung).
Your landlord cannot make any claims against your deposit or deposit replacement without your agreement, or without the decision of an independent adjudicator, therefore if you believe your landlord is unfairly withholding your deposit or has submitted any end of tenancy charges that do not agree with, you can raise a dispute with the relevant deposit scheme and the scheme will then act as an impartial third party and mediate the dispute. It is important to note, however, that if your landlord makes a partial claim against your deposit and you dispute it, it may take a further 4-6 weeks for the remainder of your deposit to be returned to you depending on the nature of the claim.
No, whilst we offer tenants the option of using our end of tenancy cleaning service, your landlord cannot legally force you to, or use any other cleaning service either. However, you are required to leave the property in the same condition of cleanliness as at the start of your tenancy, therefore even if you attempt to clean yourself, but don't clean the property to a satisfactory standard, your landlord can use your deposit or deposit replacement to cover the cost of any cleaning required. As most cleaning companies charge a minimum hourly rate, you may end up paying more that it's worth and therefore it's a good idea to use a professional cleaning service anyway, which will also save you time!
You should return all sets of keys you received at the start of your tenancy on or before the last day of your tenancy. We will be in contact before your tenancy ends to let you know where to leave them and to send us confirmation once you have done so. If you do not leave or return the keys before your tenancy ends, your landlord may charge you for replacement keys or for the locks to be changed.
Drop us a message on your tenant app!
Alternatively, you can call us on 023 9300 8021 or email us at lettings@fikacoliving.co.uk.
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Fika Co-Living Limited is a company registered in England and Wales | Registered Address: Station House, North Street, Havant, Hampshire, England, PO9 1QU
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