Landlords – getting rid of unwanted tenants
Q I’ve been renting my flat out for the last year or so, since I moved in with my partner. Initially the agreement was that the tenant could rent my flat for a six-month period. After this period there were no problems so the situation just continued. However, I am now considering selling my flat and would like my tenant to move out. How can I do this legally?
A The procedures for ending a tenancy differ according to the type of tenancy
agreement. In your case you have an assured shorthold tenancy. As the fixed term was not renewed after six months, the tenant will have automatically become a statutory periodic assured shorthold tenant. This means the agreement is indefinite until the landlord or tenant ends it. 'Periodic' refers to the rent period or intervals at which the tenant pays rent, e.g. weekly or monthly.
You have the right to repossess the property at any time during a periodic tenancy, provided it is at least six months since the start of the original tenancy. In your case, the possession procedure must start with the service of two months’ notice, which must expire on the last day of the rent period. The notice must also state that possession is required under section 21 of the Housing Act 1988. A form for Notice Seeking Possession is available from legal stationers.
However, if your tenant doesn’t move out when the notice expires, you will need to obtain a court order to evict them. To do this you must complete an application and pay a fee. Be aware that it’s a criminal offence to evict most tenants without a court order, or to harass them to leave. You will automatically be given possession if you follow the correct procedure outlined. Once you have been granted possession of your property, if the tenant does not leave by the date on the order you can apply to the court for a warrant of possession and execution if you need bailiffs to evict the tenant.
This column is produced using information provided by Citizens Advice Line for London (CALL). Ask the adviser illustrates the type of subject that CALL handle and does not represent an actual client case. CALL is a confidential London-wide advice service offering information on a wide range of enquiries by telephone and e-mail.
For general enquiries please call 0870 750 9000 or email enquiry@cabline.org.uk