How to end the tenancy

If the contract is coming to an end, you’re probably wondering how to end the tenancy. Don’t worry, we’ve got all the information you need.

hero

The custodial release process

Member initiates release - tenant has 14 calendar days to respond

1

Tenant agrees

Tenant agrees and raises a dispute – monies are held and undisputed is released to relevant parties

Tenant responds and accepts – Money paid to relevant parties within 5 working days

Tenant doesn’t respond (single release is triggered) – Member receives Statutory Declaration to countersign – tenant is notified and has 14 calendar days to respond (can do one of the 3 below)

  1. Tenant accepts – money is paid within 5 working days in line with member request
  2. Tenant fails to respond – money is paid within 5 working days in line with member request
  3. Tenant raises a deposit dispute – monies are held and undisputed is released to relevant parties

Tenant initiates release – member has 14 calendar days to respond

1

Member agrees

Member agrees and raises a dispute – monies are held and undisputed is released to relevant parties

Member responds and accepts – Money paid to relevant parties within 5 working days

Member does not respond (single release is triggered) – Tenant receives Statutory Declaration to countersign – member is notified and has 14 calendar days to respond (can do one of the 3 below)

  1. Member accepts – money is paid within 5 working days in line with member request
  2. Member fails to respond – money is paid within 5 working days in line with member request
  3. Member puts in a counter offer – which defaults back to member initiated release process.

The custodial release process

Returning the deposit for insured

Returning the deposit for insured

Step 1

Inform us

Within 30 days of the tenancy ending, you must inform of the status of the deposit protections.

  • Tenancy has ended
  • Periodic tenancy
  • Renewed by giving the same tenants a new fixed term

We will only process a request of the deposit if the deposit amount we are protecting has been received in cleared funds

After 30 days from the end date, we will automatically unprotect the deposit, and send notification to you, the tenant and any interested party.

The tenant will request the deposit back in writing and give you 10 days to respond to the request. You will then have the opportunity to discuss and negotiate any proposed deductions to the deposit.

In the unlikely event of you being unable to agree over the amount to be returned, you can use our free Alternative Dispute Resolution service. It uses impartial and professional adjudicators to help resolve the matter; it’s also cheaper and quicker than using the court.

Cartoon man in a black suit next to a orange sign with a tick on it

End of tenancy options

group-list

Renewal

A new protection IS required when a member gives the same tenant(s) a new fixed term tenancy. The new tenancy may be created by letter, transfer, assignment, memorandum, agreement, or any other device. In this situation the deposit must be renewed/re-protected and the relevant protection fee paid.

group-list

Tenancy ends

If the tenants vacate the property, you will need to unprotect the deposit and inform us of what you have done (returned part or withheld all)

group-list

Periodic tenancy

If the tenant does not sign a new contract but agrees with the landlord or agent to stay, the tenancy will become periodic and continue on a rolling basis – meaning there is no fixed end date. The tenant or the landlord will have to give notice to end the tenancy and agree a date.

Dispute process

You are free to discuss deposit deductions with your tenant when they move out, and you can withhold all/part of the deposit money without involving us, provided your tenant agrees.

If your tenant doesn’t agree then we offer a free and impartial alternative dispute resolution service to resolve the issue.