Ending a tenancy
- Steve Fantauzzi
- Jun 18
- 3 min read
In order for tenants to vacate the premises, it is imperative to provide tenants with proper notice in accordance with specific guidelines, which include necessary information and warnings. The method of notification required is contingent upon the type of tenancy agreement and its corresponding terms.
Assured shorthold tenancies (ASTs)
Under certain circumstances, you have the right to reclaim your property without providing a specific reason. However, there are specific criteria that must be met in order to exercise this right:
- The tenants' deposit must have been safeguarded in a deposit protection scheme.
- The date on which the tenants are required to vacate the property must be at least 6 months after the commencement of the original tenancy agreement.
- The tenants must either have a periodic tenancy or a fixed-term tenancy, and you are not requesting them to leave before the expiration of the fixed term.
How much notice do Landlords need to give?
In order to reclaim possession of your property from tenants, it is imperative that you provide them with written notice, commonly referred to as a "notice to quit," specifying the date by which they are required to vacate. The notice period must be a minimum of two months.
Valid reasons for possession
If you are currently in a fixed-term tenancy agreement, you may only request your tenants to vacate the property if you have a valid reason for possession as outlined in the Housing Act 1988.
Valid reasons for possession may include instances where your tenants are in arrears with rent payments or have used the property for illegal activities such as drug trafficking.
For more information on the reasons for possession in a property let on an Assured Short-hold Tenancy (AST), you can refer to the Ministry of Housing, Communities and Local Government.
Assured tenancies
In order to establish possession of a property, it is necessary to rely on one of the grounds outlined in the Housing Act 1988.
Excluded tenancies or licences
If you reside with a lodger and share living spaces with them, you likely have an excluded tenancy or license agreement.
In such instances, you are only required to provide 'reasonable notice' to terminate the agreement. Typically, this entails giving notice equivalent to the rental payment period. For example, if rent is collected on a monthly basis, one month's notice is sufficient.
It is important to note that the notice does not necessarily have to be in written form.
Non-excluded tenancy or licence
You have the option to terminate the agreement at any time by providing a written 'notice to quit'. The length of the notice period will vary depending on the specific tenancy or agreement, typically lasting a minimum of 4 weeks.
Break clauses
If there is a break clause in the tenancy agreement, you have the option to give your tenants notice at that time. It is important to note that you do not have a guaranteed right to possession within the first 6 months of the tenancy.
If your tenant does not leave the property
It is important to note that you cannot forcibly remove your tenants from the property. In the event that the notice period expires and your tenants refuse to vacate the premises, you may initiate the eviction process through the appropriate legal channels, such as the courts.
Contact Themis Crown Advocates for your legal service needs.
Telephone +44 2038548361
