Landlords insurance information
How to Begin Letting Your Property
Being a Resident Landlord
Being a Non Resident landlord
Tenancy Agreements
Other Factors to consider
Finding a Tenant
Financial Issues
Further Advice
Grounds for Ending a Tenancy
Main Duties as a Landlord
Tenancy Agreements
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Tenancies created after 28th February 1997 are automatically assured shorthold tenancies unless special steps are taken to set up an assured tenancy. Assured shortholds offer the landlord a guaranteed right to possession at the end of the tenancy provided certain simple procedures are followed.
Starting the Tenancy
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- If you do not give a written agreement an assured shorthold tenancy will be created automatically.
Not having a written agreement can lead to discrepancies on what has been verbally agreed. The tenant can request a written statement from the landlord to provide details of the verbal agreement. Landlords must comply with this request within 28 days. Failure to do so is subject to criminal liability.
It is therefore advisable that a written agreement is given.
- The tenancy can be for any length of time - e.g. 2 months, 6 months or 1 year.
- The tenant can only apply to the Rent Assessment Committee to consider the rent level charged during the first six months of the original tenancy.
Ending the Tenancy
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- The tenancy can be brought to an end by a notice of not less than 2 months. Although you can give the 2 months notice at any time during the first 6 months, possession action cannot be started until after the first 6 months have gone by. It is advisable to use a special form (Section 21) which is available from Law Stationers if you want to end the tenancy.
- After valid notice has run out you will then be able to use the ‘Accelerated Possession Procedure’ which is a fairly straight forward process. You will need to fill in forms available from the County Court and provide evidence that you have created an Assured Shorthold tenancy. You should then get the property back.
- You can still get your property back in the initial 6 months as long as the’ tenancy agreement allows for this. You will however, need to use a different procedure. It may be that the tenant has rent arrears or damaged the property and you do not want the debt to continue to increase.
- There are 17 grounds defined in the Housing Act 1996 for you to use. You will have to prove why you are asking to have the property back. Some grounds are mandatory, which means the Judge has no choice but to give possession, others are discretionary. These grounds are listed here
- A special form called a Notice of Seeking Possession must be served on the tenant. This is available from a law stationer. This is a complex form and it is easy to make mistakes so you may want to get some advice from a solicitor.
- This notice will advise the tenant that you want him/her to leave by a certain date. If the tenant doesn’t leave after this date you will then need a Court to decide if you can get your property back. If your property is returned to you, you can also ask the courts to make an order against the tenant to repay any debt/compensation owned to you.
PLEASE NOTE. It is a criminal offence to make a tenant leave without following the correct procedure.
Always seek advice if you want a tenant to leave.
Assured Tenancies
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If you let your property on an assured tenancy, your tenant has the right to remain in the property unless you can prove in court that you have ground(s) for possession. You do not have an automatic right to get your property back when the fixed term comes to an end. Only use this type if you want to let your property indefinitely.
How do I set up an assured tenancy?
For tenancies after 28th February 1997 you must give the tenant a notice which says the tenancy is not to be an assured shorthold. Alternatively you could include a term or phrase in the agreement to this effect. No special form is needed - you must simply make it clear that the tenancy is not a shorthold.
How do I get my property back from an assured tenant?
You can only seek possession during the fixed term of the tenancy if the tenant has broken one or more of the terms of the tenancy, e.g. rent arrears of 8 weeks or more, damage to the property and there is a clause in the tenancy which allows you to do this.
Even if your tenant has not broken a term of the tenancy you can sometimes get possession of the property if, before the tenancy started, you gave notice that you may be using grounds 1-5 at the end of the fixed term. See the grounds for possession at the back of the booklet for details of where you can do this.
The procedure is the same as ending an assured shorthold tenancy during the fixed term
How do I create an excluded tenancy?
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The law makes special considerations for people who let out a room or rooms in their house where the landlord will be sharing facilities with the tenant. If you are a resident landlord you will create an excluded tenancy if:
You live in the same house as your tenant at the start, during and at the end of the tenancy.
AND you share essential living accommodation with the tenant such as bathroom, toilet or kitchen.
No special forms are needed.
How long is it for?
As long as you like. You do not need to give a fixed term but you can if you wish.
What rent can I charge?
At the beginning of the tenancy you can agree a rent with the tenant together with any other conditions of the tenancy. The tenant will not have the right to appeal to the Rent Assessment Committee so the rent agreed at the outset of the tenancy is the rent which the tenant must pay.
How can I make the tenant leave?
If you have let out only part of your house and are sharing facilities, it is relatively easy for you to get a tenant to leave. You do not need a court order to bring the tenancy to an end. The steps to take are as follows:
1. Give "reasonable" notice
"Reasonable" is not defined in law as it depends on the circumstances but is generally accepted as being 28 days. The minimum notice you can give depends on how often rent is payable. If it is payable weekly then you must give at least one week’s notice; if it is payable monthly you must give at least one month’s notice.
There is no special form for giving notice to the tenant, but to protect yourself it is best to give notice in writing’ and keep a copy to prove that you gave reasonable notice. It is best to state the date by which you want the tenant to leave.
2. Once this notice has expired you do not need a Court Order so you can ask for the key and you can change the locks.
You do not have to apply to the court for a Possession Order to evict an excluded tenant. If, after the notice period has ended, the tenant refuses to leave, you cannot use physical force to get them out.
However, you can legitimately change the locks to the property while they are out. You must store the tenant’s possessions and allow him or her reasonable access to get them back. As you are responsible for ensuring that all of the tenants belongings are returned quickly and safely you should not place them outside. If the tenant leaves owing you money you cannot keep their belongings to offset the debt.
If you feel that the tenant may not leave peacefully it may be best to apply to the court for a Court Order, which will be granted
How do I create an unprotected tenancy?
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This type of tenancy occurs when you have let out only part of your property and you are still living in the other part. If you do not share any essential living accommodation, such as a kitchen, bathroom or toilet, with your tenant, you will create an unprotected tenancy. No special forms are required.
The sharing of a store-cupboard, hallway or stairway is not sufficient to qualify as essential living accommodation.
How long is it for?
As long as you like. You do not need to give a fixed term but you can if you wish.
What rent can I charge?
At the beginning of the tenancy you can agree a rent with the tenant together with any other conditions of the tenancy. The tenant will not have the right to appeal to the Rent Assessment Committee so the rent agreed at the outset of the tenancy is the rent which the tenant must pay.
How can I make the tenant leave?
The procedure to evict your tenant is as follows:
1. Serve a valid "Notice to Quit" on the tenant.
This Notice to Quit must be on a special form and must give at least 28 days notice to end the tenancy. It is best to keep a copy of this for yourself.
2. At the end of the 28 days notice, if the tenant has not left, apply to the County Court for a Possession Order.
If you are a resident landlord the court will always grant you a Possession Order.
You must never evict a tenant without obtaining a court order.
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