Ending an AST
Ending an AST once the fixed term has ended or after the
initial 6 months of a periodic AST
Once the fixed term of an AST has ended, or after the initial 6
months of a periodic AST, the landlord does not have to give a
reason in order to bring an AST to an end.
However, the landlord must follow the legal
procedure including giving notice and
obtaining a court order.
To end an AST, without citing any grounds, the landlord must serve
a Notice Requiring Possession giving at least 2
months notice in writing.
In the case of a periodic tenancy this notice period must end on
the day before the rent is due.
Once the notice period has expired the landlord can apply to the
County Court for a Possession Order. The Court must then grant the
order provided that the notice is valid and that either the fixed
term of 6 months or more, or the initial six months of a periodic
tenancy has elapsed.
If there is a written tenancy agreement then the landlord can use
the accelerated possession procedure, which allows a possession
order to be granted without a hearing.
However, the tenant can still request a hearing or the Judge might
decide to call one.
Hearings still take place in something like 80% of cases where the
tenant enters a defence to the court summons.
Ending an AST during the fixed term or the initial 6 months of
a periodic AST
During the fixed term of an AST, or during the initial 6 months of
a periodic AST, the landlord has to have a good reason to bring an
AST to an end.
The landlord can only seek possession on grounds
2,8,10,11,12,13,14,15 or 17 [see Grounds for Possession] and only
if the tenancy agreement specifically refers to these
grounds.