Please Note: This Article is 7 years old. This increases the likelihood that some or all of it's content is now outdated.

Key Points:

  • Landlords must give tenants 2 months notice of termination of an Assured Shorthold tenancy which is in the form of a notice requiring possession. This must be in writing but the 1996 Act does not prescribe a particular form of notice.
  • Once the fixed-term has ended the tenancy automatically becomes a periodic one. Here, the landlord is required to give 2 months’ notice, and the tenant gives one months’ notice in writing (when rent is paid monthly) or 4 weeks’ notice (28 days) when the rent is paid weekly.

Court Possession Order

Landlords should be aware that unless a tenant leaves voluntarily a court order must also be obtained to evict a tenant from her accommodation. Harassment by landlords can result in serious and expensive consequences.

Landlords should remember that tenants are often advised not to leave their tenancy voluntarily as this action prevents them being automatically re-house by the local authority. This gives the landlord no option, therefore, but to apply for a possession order.

A fixed term Assured Shorthold Tenancy (term certain) ends when it is brought to an end by:

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  • The tenant giving notice to quit, which must be in writing and for a period of 4 weeks for a monthly tenancy.
  • The tenant surrendering the tenancy at the request of the landlord
  • Court order.

Landlords must give tenants 2 months notice of termination of an Assured Shorthold tenancy which is in the form of a notice requiring possession. This must be in writing but the 1996 Act does not prescribe a particular form of notice.

Landlords now often service this two-month notice at the commencement of the tenancy to avoid problems with the serving of such a notice at a later date, if relations have become strained.

There are 17 main grounds for possession under an Assured or Assured Shorthold Tenancy, the first 8 being mandatory (automatic providing all the conditions are met) or discretionary, depending upon the judgement of the court.

Stages to be Followed – Possession Procedure:

  • The landlord serves a valid notice, there being several types of notices depending on the type of tenancy.
  • Notice expires and the landlord applies to the county court for a possession order

The tenant answers the claim either with:

  • Admission
  • Defence
  • Counterclaim
  • Accelerated Possession procedure can be followed if it’s an Assured Shorthold Tenancy

Courts can then grant:

  • A possession order (enforceable within 14 to 28 days)
  • A suspended possession order
  • Possession order becomes enforceable
  • Landlord applies for a bailiffs warrant
  • Bailiffs enforce the warrant
Please Note: This Article is 7 years old. This increases the likelihood that some or all of it's content is now outdated.
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