The upcoming Renters' Rights Bill has led many landlords to attempt ending assured shorthold tenancies (ASTs) before the new regulations take effect. However, in their rush, some have neglected to follow the properlegal eviction process, such as failing to give the required notice and unlawfully locking tenants out of their homes, which can result in legal action. Below is a summary of the current statutory process for ending ASTs, highlighting key steps landlords need to take before the new bill is enacted, and common mistakes to avoid.
Under the Housing Act 1988, there are two main methods for terminating an AST:
When the Renters' Rights Bill becomes law, all ASTs will convert to periodic tenancies. Landlords will then need to demonstrate statutory grounds, similar to those under section 8, to end a tenancy. With repossession of properties potentially becoming more difficult, particularly if tenants fall behind on rent, many buy-to-let landlords are concerned about losing the ability to quickly reclaim their properties. Consequently, many maybe eager to use section 21 while it remains an available court procedure.
To terminate an AST using section 21, landlords are not required to provide a reason for eviction. They must serve at least two months’ notice in the correct legal form, after which they can apply to the court for a possession order if the tenant does not vacate.
The notice does not need to be tied to a specific date and can be served before the tenancy ends, taking effect after the end of the fixed term or at a contractual break date.
Section 21 proceedings are also called ‘Accelerated Proceedings’ due to being designed for Judgment to be made without the need for a hearing. Due to this the application paperwork is a large document of which multiple pieces of evidence are requested. This is for the Judiciary to understand that all due legal requirements have been adhered to by thelandlord.
Although the section 21 process is designed to be straightforward, several potential errors can invalidate the notice:
Though the section 21 process is often considered astraight forward way to regain possession of a property, landlords must still take care to follow all legal requirements. The landlord should ensure that all paperwork is in order before beginning a claim or even serving a notice, due to the risk it may put them in if the landlord has not fulfilled their legal obligations.
Failure to do so, or taking unlawful actions such aschanging the locks while tenants are still living in the property, can result in prosecution and hefty fines against the landlord.
Should you require any further information regarding possession actions, please do not hesitate to contact Mr Bill Dhariwal (E: bill.dhariwal@lawcomm.co.uk) o rMr Sam Nolan (E: sam.nolan@lawcomm.co.uk).
The above article does not constitute legal advice.