Ending the Tenancy
You and your tenant can bring the tenancy to an end at any time through agreement.
Eviction should be considered a last resort. If you need to regain your property, speaking to your local authority and tenant could save you the costs of issuing a Notice.
There are two different eviction notices you can serve if you need to end the tenancy. You are allowed to give you both types of notice at the same time.
There are rules you must follow and you or a representative will need to go to court to evict your tenant lawfully.
A section 21 notice is the most common way for landlords to end a tenancy. You do not have to give a reason for why you want your tenant to leave.
The Deregulation Act 2015 brought into force new rules in which Assured Shorthold Tenancies (ASTs) in England could be granted and terminated, and which restrict the Landlord’s ability to serve a notice under Section 21 of the Housing Act 1988 to terminate the AST.
Between 1 October 2015 and 1 October 2018 these requirements only applied to an AST created on or after 1 October 2015. However, from 1 October 2018 the requirements will apply to all ASTs irrespective of when the AST was entered into.
What is the effect of the act?A landlord will only be able to serve a Section 21 Notice once he has first complied with the regulatory requirements under the Act. These are that the landlord must have provided the tenant with the following:
- An Energy Performance Certificate (EPC) free of charge.
- A Gas Certificate.
- The current version of the ‘How to Rent: The Checklist for Renting in England’ booklet.
What if the tenancy was granted prior to 1st October 2015?There is no longer the option of serving the non-prescribed form of Section 21 Notice which does not require compliance with the Act. Only the prescribed form of Section 21 Notice can be used from 1 October 2018.
Does the landlord have to use the prescribed form of Section 21 Notice?Yes, from 1 October 2018 the prescribed form of Section 21 Notice (here) must be used for all ASTs.
You must give a legal reason when you give your tenant a section 8 notice. This could be because they have:
- rent arrears
- broken the terms of their tenancy agreement
For further details, see the government's page on Evicting tenants.
If your tenant does not leave the property within the established time-frame of the eviction notice, you will need to get a court order.
Note: you should seek professional advice before getting a court order.