Typically, a tenancy will end when your tenants choose to leave. They will serve notice and then vacate the property. But sometimes, one of our Brighton and Hove landlords has to give notice to end a renter’s tenancy agreement.
Perhaps your situation has changed? You’re looking to sell, move into the property yourself or let it to a family member. Or maybe you need to draw a line under your tenants’ anti-social behaviour or unpaid rent.
Even if the tenant has abandoned the property, there’s a clear-cut process to follow. The penalties for unlawful eviction are tough – you could face prosecution or claims for damages. Read our landlord guide before you give notice to end a tenancy.
The best approach to ending assured shorthold tenancies (ASTs) depends on the type of AST and the reason you’re giving notice. Break clauses allow the landlord or tenant to end the tenancy early, usually after six months. If this doesn’t apply, you may need a Section 21 or Section 8 notice.
Unless you safeguard the tenant’s deposit in a deposit protection scheme and keep the property well-maintained, you may struggle to proceed.
Section 21 notices, or ‘no-fault notices’, can be served to a tenant who hasn’t broken their tenancy agreement.
You can’t serve a Section 21 notice until the tenancy has been in place for at least four months or longer in a contractual periodic tenancy. You must give at least two months’ written notice. Once served, you have six months to start proceedings.
A Section 8 (s.8) notice is issued when the tenant has contradicted the tenancy agreement. Common grounds for possession include:
Depending on the justification, you must provide the reason and between two weeks’ notice and two months’ notice.
The rules surrounding giving notice to end an excluded tenancy, assured tenancy, short-term assured tenancy or company let can differ.
Assured tenancies grant tenants long-term rights – you can only issue a Section 8 notice and must present the grounds in court.
Non-assured tenancies can be ended without serving a Section 8 or Section 21 notice, but the tenant can stay until the end of the fixed term if they haven’t broken the agreement.
Under excluded tenancies, the tenant shares their landlord’s property and facilities (e.g. lodgers). You can give ‘reasonable notice’, usually one rental period, without applying to court.
If you rent your property directly to a company rather than an individual, you can end the agreement with a Notice to Quit.
To serve a Notice to Quit, you must give ‘reasonable notice’ – at least four weeks, ending on the first or final day of one tenancy period.
Apply for a possession order if your tenants won’t leave after the notice period ends – and prepare to start the eviction process.
If you’ve served a Section 21 notice and there are no rent arrears, apply for an accelerated possession order.
But if you don’t qualify for the accelerated process, apply for a standard possession order. This entails completing a claim form and attending a court hearing.
Landlords have another resource if the tenants refuse to leave – apply to court for a warrant for possession, also known as calling in the bailiffs.
If your tenant has broken the terms of the rental agreement, you can end the fixed-term tenancy with a Section 8 notice.
It is considered abandonment if the tenants have left the property for several weeks without notifying you or legally ending the tenancy agreement and returning the keys.
Contact them to clarify – or family and neighbours if you can’t get in touch directly. After all, they may be in hospital or attending a family emergency.
The process can only move forwards once you have made all reasonable checks. In the meantime, your landlord access rights still stand, so only enter the property for urgent safety reasons.
You can find the full, up-to-date guidance on giving notice on gov.uk.
Ending a tenancy can be daunting, but you don’t have to handle it alone. Your solicitor and letting agent will be familiar the process and the pitfalls. If you’re a Brighton and Hove landlord, contact The Property Shop to talk it over.
Do you have any questions about the topic above? Our team of experts is here to help in answering any query you may have.
Fueled by his desire to be the best, most reputable estate and lettings agent in town, Steve has spent his career cultivating The Property Shop. Steve prides himself on his authenticity, honesty, and knowledge-base which is emulated by The Property Shop and his team.
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