Assured Tenancies

With an assured tenancy, the landlord must first give the tenant a legal notice called a 'notice of seeking possession. If you are a tenant, and you get a notice like this, you should get advice immediately. Depending on the reasons ('grounds') for possession, the landlord must give the tenant either two weeks' or two months' notice that they intend to apply for a possession order. But in cases of anti-social behaviour by the tenant, they can start possession proceedings immediately after giving notice.

The tenant may either go to court and argue against the landlord's claim (that is, that he or she doesn't have the right to end the tenancy); or wait to see if the court issues a possession order. The landlord must first prove to the court they have a reason for possession. In certain cases (known as 'mandatory grounds') the court will automatically grant possession. These include where:-

• The tenant is at least two months or eight weeks behind with the rent.
• The landlord used to live in the property (or they now need to) and they made the tenant aware of this at the beginning of
  the tenancy.
• The landlord is going to demolish or rebuild the property; or
• The landlord's mortgage lender is repossessing the property.

Other grounds are discretionary'. This means the court will decide whether it is reasonable to grant possession or not. The most common discretionary grounds include where:-

• The tenant has missed rent payments.
• The tenant has damaged the property or broken a term of the tenancy agreement.
• The tenant has been a nuisance to their neighbours; or
• The landlord can prove that the tenant can find somewhere else to live, either from the landlord or someone else.

If the tenant has missed rent payments, the court may suspend the order, so that the tenant can pay off the rent they owe without losing their home. Or, if the landlord offers another place to live, the court must be satisfied that it is suitable for the tenant's needs. This means taking account of where the tenant works, where their children go to school and whether they need to live near a family member. The tenant can dispute the landlord's offer in court if they think it is not suitable.

.: Assured shorthold tenancies.

People with assured shorthold tenancies have less protection than assured tenants. After six months, the landlord can get a possession order from the court (without having to show any grounds for doing so). Within the first six months of the tenancy, the landlord can get possession only if they can show a ground for eviction, in the same way. The landlord must give the tenant at least two months' notice that they want possession, and cannot go to court until that notice period has been completed. But as long as the landlord has followed the procedures properly, the court will automatically grant possession.

The landlord can apply to use the 'accelerated possession' procedure, which allows them to apply for possession without having to attend a hearing. But they can't use this in the case of unpaid rent. And in any case, the tenant can still ask for a possession order to be delayed if it would cause exceptional' hardship.

.: Regulated tenancies.

The landlord must first end the tenancy by giving the tenant a 'notice to quit' (unless an end date was agreed at the start of the tenancy). This must give the tenant at least four weeks' notice and be in a special legal form. The landlord must then apply to the court for a possession order. As with assured tenancies, there are certain mandatory' grounds, for which the court will automatically grant possession, as well as 'discretionary' grounds, for which the court must decide whether it is reasonable to evict the tenant.

.: Resident Landlords and licensees.

If the landlord and tenant share the living space (which could mean a kitchen or bathroom, but not just a hall, staircase or entrance), the landlord can evict the tenant or licensee without going to court. They must usually give a tenant four weeks' notice, either spoken or in writing. Licensees can simply be given reasonable' notice to leave. What is reasonable' depends on how long they have lived there and how often rent is paid. If the tenant wants to end the tenancy If a tenant on a periodic tenancy wants to leave, they can do so by giving the landlord notice, usually four weeks. If a fixed-term tenancy has not finished, the Landlord can insist that the tenant pays rent until the end of the fixed term.

Some fixed tenancies have a break clause which allows a tenant to leave before the fixed term expires. If there is a joint tenancy, and one tenant wants to leave, the legal situation can be complicated, and the remaining tenants should get advice.

.: If the landlord wants to end the tenancy.

In most cases a landlord must serve notice if they want to end a tenancy, and for the tenants to leave. If the tenant does not leave by the end of the notice period, the landlord can start 'possession proceedings'. The tenant does not have to leave at the end of the notice period, but they may have to pay the landlord's costs of going to court if they don't. If the court awards an 'outright possession' order, and the tenant still does not leave, the landlord can ask the court to call in bailiffs to evict them.

If the landlord wants possession because the tenant has not paid their rent, the court may, in some cases, grant:-

• Asuspended order', which allows the tenant to stay in their home as long as they pay off a certain amount each month or week; or
• An 'adjournment', where the hearing is put off, as long as the tenant agrees to pay a certain amount.