What Happens at the End of a Tenancy?
Understanding what happens at the end of a tenancy is essential, especially if you’re a landlord looking to regain possession of your property. With recent changes in legislation, it’s more important than ever to stay informed and ensure that any actions you take comply with the law.
Fortunately, the process is fairly straightforward — as long as you follow the correct procedures.
How a Landlord Can Terminate an Assured Shorthold Tenancy
A landlord may terminate and regain possession of an Assured Shorthold Tenancy (AST) in the same way as an Assured Tenancy — by serving a Section 8 Notice and proving one or more of the statutory grounds.
However, a simpler and faster method is available through Section 21 of the Housing Act 1988.
Section 21 Notice Requirements
A Section 21 Notice must:
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Be in writing (no prescribed form is required).
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Give a minimum of two months’ notice to the tenant.
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For a fixed-term AST: The notice must be given on or before the date the tenancy expires.
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For a periodic AST: The notice must expire at the end of the two-month notice period.
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Conditions for Serving a Section 21 Notice
A landlord can only serve this notice if:
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The tenant’s deposit is protected in an approved Deposit Protection Scheme.
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The tenant has received at least two months’ written notice to vacate.
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The leave date is at least six months after the tenancy originally began.
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The tenant has a periodic tenancy, or a fixed-term tenancy that is ending naturally.
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The tenant has not made a valid complaint to the council about poor living conditions that led to enforcement action (for tenancies starting after 30 September 2015).
Additional Requirements (for Tenancies Starting After 30 September 2015)
You cannot evict a tenant unless you have provided:
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A copy of the leaflet: “How to Rent: The Checklist for Renting in England”
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An Energy Performance Certificate (EPC)
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A Gas Safety Certificate
You must also use the prescribed form:
“Notice Seeking Possession of a Property Let on an Assured Shorthold Tenancy (Form 6A)”
Best Practice: Setting Systems in Place
Whether you manage your own properties or use a letting agent, it’s vital to ensure proper systems are in place. Competent agents will usually handle these requirements automatically — but as a landlord, you should understand your legal responsibilities, since any mistakes ultimately affect you.
The Landlord Checklist
To help you stay compliant and organised, I’ve created a handy Landlord Checklist.
Use it for each property in your portfolio to ensure all legal and procedural steps are covered.
Hope this helps you stay up to date! 😊
Hazel de Kloe
Property Investor | Property Mentor | Speaker | Author
Disclaimer:
The contents of this article are for educational purposes only. No specific property purchase is recommended. Property values can decrease as well as increase, and any investments are made at your own risk.
© Why Property Works 2016 | www.whypropertyworks.co.uk
