How to End Shorthold Tenancy Agreements
In England and Wales, the most common type of tenancy agreement is an Assured Shorthand Tenancy. This is a written rental agreement between a tenant and landlord that guarantees the tenant a rental property for a short term (usually six or 12 months) at a fixed monthly cost. The AST protects both the tenant and landlord by ensuring both parties uphold the original terms of the rental. A landlord can end an AST in two ways: at the end of the rental period (at which time the tenant can also end the AST) or prematurely, with a possession order.
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Things You'll Need
- Assured Shorthand Tenancy Agreement
- Notice of Possession form (Section 8 or 21)
- Possession of Property N5 form
- Particulars of Claim N119 form
- Form N5B
Instructions
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After the Fixed-Term
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1
Create a Notice of Possession under Section 21 of the Housing Act of 1988. This document states that the landlord wishes to end the tenant's lease at the end of the Fixed-Term, the period of the original lease.
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2
Present the notice to the tenant at least two months before you wish to end the AST. Do this in person, ideally with a third-party witness. You can present the notice at any point during the Fixed-Term, but the date you wish the tenant to vacate must fall after the Fixed-Term.
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3
Ensure that the tenant vacates the property on or before the last day of the Fixed-Term. If the tenant refuses to leave, apply to the court for an Accelerated Possession Procedure. This is the fastest way to regain possession, as it doesn't require a court hearing. Complete Form N5B and supply the court with the AST and Section 21 Notice of Possession.
During the Fixed-Term
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4
Create a Notice of Possession under Section 8 of the Housing Act of 1988. This document, which must be created from a standard template, states the reason(s) for seeking possession. Under the Housing Act, there are 17 valid grounds on which a landlord can seek possession. These include failure to pay rent, persistent delays in rent payment and damage to the rental property.
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5
Present the notice to the tenant. Do this in person, preferably with a third-party witness. The court accepts proof of postal or recorded delivery, but prefers in-person notice. Either two weeks' or two months' notice is required, depending on the grounds for possession.
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6
Complete a Form for Possession of Property N5 Form and the Particulars of Claim N119. Take these forms to the local county court office, which will assign your case a court date.
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References
Resources
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