Ending a tenancy
Most tenants will leave if you want them to. However, you cannot evict a tenant yourself, but you can apply to the county court to get your property back. Where the fixed term has ended you can use an accelerated possession procedure which can avoid the need for a court hearing.
Below we outline in brief how you end a tenancy depending on the agreement you have.
Assured Shorthold Tenancy (AST)
If the tenant has done nothing wrong but you would like the property back, you can use the break clause (a break clause is a term in a tenancy agreement that allows a tenant to leave before the tenancy period comes to an end, without incurring any financial penalty) and end the tenancy at any time after six months, providing any fixed term you agreed has ended. You need to give your tenant at least two months’ written notice that you want your property back and ensure your notice to quit is:
- in writing
- at least two months long (or the amount of time between rent payments, whichever is longer)
- ends on the last day of a rental period
- states that it is by virtue of Section 21 of the Housing Act 1988.
You still have to apply to the courts for possession if the tenant will not leave. For further information please seek advice from a solicitor, landlord association or contact us.
Assured tenancy & Regulated (or 'protected' tenancy)
If the tenant has done nothing wrong they have the right to remain in the property unless you can prove to the court that you have grounds for possession. You do not have an automatic right to repossess the property when the tenancy comes to an end.
Letting out rooms
Non-excluded tenancy or licence
If the tenant has done nothing wrong but you would like the property back, notice for non-excluded tenancies and licences must be of, at least, whichever is the longest of:
- four weeks, or
- the term of the let, if any (for example, a month if rent is paid monthly), or
- whatever has been agreed between the parties
For a periodic tenancy, notice must end on the last day of a period (usually the day rent is due).
Notice must be served in writing (stating that it is by virtue of Section 21 of the Housing Act 1988) and be clear and accurate about the property and the tenant or licensee it is addressed to. While some minor errors that could not mislead the recipient may be overlooked, defects in the content or timing of a notice will make it invalid.
However, you still have to apply to the courts for possession if the tenant will not leave. For further information please seek advice from a solicitor, landlord association or contact us
Excluded tenancies
Unless you and the landlord agree otherwise, notice must be at least the length of the agreed period and end on a rent day, however:
- there is no four-week minimum (so, for example, a weekly tenancy could be ended with a week’s notice)
- you and the landlord are free to agree in advance that notice should be shorter or longer.
- notice does not need to be written (so there are no requirements for prescribed form)
Regardless, it is a good idea to give notice in writing anyway, in case of future dispute. But it must still be clear and be timed properly in order to be valid.
Excluded licences
The notice required is whatever has been agreed between the parties (if anything) and what is ‘reasonable’.
'Reasonableness' is measured around fairness and common sense: for example, taking into account the tenant's conduct, or how easy it would be for the tenant to find alternative accommodation. Notice of the same length as would be required for a similar tenancy would normally be considered reasonable. If there is likely to be a dispute you would need to take legal advice and the decision will be made by the courts.
Again, there is no legal requirement that notice be given in writing, but it is recommended that you do so.
For both excluded tenancies and licences there is no legal requirement for the landlord to get a possession order so long as notice has been correctly given, although he or she may do so.
However, it is a criminal offence for a landlord – or someone working on his or her behalf – to use force to make an occupier leave against the occupier’s will, even where the tenancy or licence has been properly brought to an end (or expired, if a fixed term). It is also an offence to use threats of force.
What if the tenant won’t leave?
You cannot evict a tenant yourself but you can apply to the county court to get your property back. In certain cases you can use an accelerated possession procedure which can avoid the need for a court hearing. For further guidance seek advice from a solicitor or contact us. For possession information visit www.hmcourts-service.gov.uk
Can the tenant be evicted as soon as I have a possession order?
If the court orders possession on one of the mandatory grounds, the tenant will have to leave on the date specified in the court order – this is called an absolute possession order. If the court orders possession on one of the discretionary grounds, it can either grant an absolute possession order or it may allow the tenant to stay on in the property provided he or she meets certain conditions – for example, paying back an amount of rent arrears each week. This is called a suspended possession order and the tenant cannot be evicted provided that he or she meets the conditions.
You cannot evict the tenant yourself. If he or she still refuses to leave after the date specified in the order, you must seek a warrant for eviction from the court. The court will arrange for bailiffs to evict the tenant.
What happens if the tenant breaches the conditions of a suspended possession order?
You may apply to the court for an absolute possession order or a warrant for possession, depending on the terms of the suspended order.
Can I ask the tenant to pay rent after I have served a notice seeking possession?
You can ask the tenant to pay rent until the date of possession granted by the court. If the tenant refuses to leave after the date in the court possession order and you ask him or her to pay rent, there is a danger that the court could rule that a new tenancy has arisen. However the tenant is liable to pay you damages for continued occupation of the property (known as mesne profits). You should seek legal advice in these circumstances.
Can the court order the tenant to pay back all the rent he or she owes?
If possession is ordered on the grounds of rent arrears, the court will normally order the tenant to pay back the rent owed at a rate appropriate to his or her circumstances. If asked to consider it, the court may also award a sum to cover interest on the outstanding rent.
If the amount of money the tenant owes is £5,000 or less, you could make a claim through the small claims court (county court) which is cheaper than claiming formally through the main court. If the tenant does not contest the claim, there will be no need for a court hearing.
If he or she does, there will be an arbitration hearing unless your case is too difficult to be dealt with under the small claims procedure and then it will be transferred to the open court. You should apply to the county court to make an application for small claims court proceedings.
Remember, a person who is convicted by magistrates of an offence under the Protection from Eviction Act 1977 may have to pay a fine or be sent to prison for six months, or both. If the case goes to the Crown Court, the punishment can be prison for up to two years, or a fine, or both.