Ending an Assured Tenancy

In order to bring an assured tenancy to an end, the landlord must have a good reason or "grounds", which are listed in the grounds for possession [see Grounds for Possession].

The landlord must follow the legal procedure set out in the Housing Act 1988, including giving a Notice of Seeking Possession and obtaining a court order.

During the fixed term 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.

If the fixed term has already ended or your tenancy is periodic then the landlord can seek possession on any of the Grounds for Possession.

The landlord must give at least 2 weeks or 2 months written notice depending on which ground for possession he or she is relying on [see Grounds for Possession].

Once the notice period has expired the landlord can apply to the County Court for a Possession Order. In practice it usually takes weeks if not months to get a court date.

The court will then write to the tenant giving them the date of the hearing and asking them to complete the reply to the summons. The summons will also give details of the landlord's claim.

You should complete the form and return it to the court.
If you have not already done so it would be advisable to seek advice from a housing advice agency or solicitor [see Useful Contacts].

If the landlord has proved one of the mandatory grounds for possession then the Court must then grant a possession order [see Grounds for Possession]. They will then usually give the tenant 28 days to vacate the property. It is illegal for landlords to evict tenants themselves. They must employ the Court Baliffs. As Court Baliffs are usually very busy they can often fail to enforce a Possession Order until several weeks after the order has expired.

If the tenant does not leave within the specified period then the landlord must apply to the court for a Bailiffs' warrant to evict the tenant. The Bailiffs will then write to the tenant to inform them when they are coming to take physical possession of the property.