Termination of Tenancy Agreements
Terminating a tenancy involves following specific legal procedures, and the process may vary depending on the type of tenancy and the circumstances. The general steps for terminating tenancies are:
Notice to Quit:
- For Assured Shorthold Tenancies (ASTs), you can use a Section 21 notice or a Section 8 notice, depending on the reason for eviction. Section 21 is typically used when the fixed term has ended or during a periodic tenancy when there is no fixed term. Section 8 is used when there are specific grounds for eviction, such as rent arrears or breach of tenancy terms.
- For other types of tenancies, provide a written notice to quit in accordance with the terms of the tenancy agreement or the common law.
Notice Period:
- The length of the notice period depends on various factors, including the type of tenancy, the grounds for eviction, and any local regulations. In an AST, for example, a Section 21 notice usually requires at least two months' notice.
Serving the Notice:
- Ensure that the notice is served correctly and in writing. It must include specific information and meet legal requirements. The notice should be sent via first-class post or delivered by hand. Keep a record of the notice and any proof of service.
Court Proceedings (if necessary):
- If the tenant does not vacate the property after the notice period expires or contests the eviction, you may need to apply to the court for a possession order.
- The court will issue a possession order, which may be either a standard possession order or an accelerated possession order, depending on the circumstances.
Bailiff Eviction (if necessary):
- If the tenant still does not leave after a possession order is granted, you may need to request a warrant for possession from the court, which allows bailiffs to physically remove the tenant.
The linked titles below provide a complete set of templates for Section 8 and Section 21 termination and prossession procedures and .......
- Preparing and Managing Termination of Tenancy
- Section 8 Termination of Tenancy
- Section 8 Standard Possession Procedure
- Legal Enforcement of Section 8 Possession Order
- Section 21 Termination of Tenancy
- Section 21 Accelerated Possession Procedure
- Legal Enforcement of Section 21 Possession Order
- Other Types of Residential Terminations
- Property Left Behind by Residential Tenants
Termination of Tenancy Agreements is part of Property . Just £35.00 + VAT provides unlimited downloads from Property for 1 year.