The following information only applies to ending Assured Shorthold Tenancies. It does not apply to tied accommodation or to lodgings. Please contact the Council's Housing Options Service.

Virtually all private tenancies set up since 28 February 1997 are Assured Shorthold Tenancies. A tenancy started before that date needed a separate document to have been issued to the tenant at or before the start of the tenancy. The document is called a 'section 20 of the Housing Act 1988 Notice of an Assured Shorthold Tenancy'. If no such notice exists, different rules apply to those detailed below and you should seek advice (from the Council's Housing Options Service or from a solicitor).

Ending a tenancy after the period covered by a contract
A tenancy that does not run for a period defined in writing is called a periodic tenancy. The rules for ending a periodic 'Assured Shorthold Tenancy' are different to those that apply when there is a written contract in operation.

If there was a written contract for a fixed period that has now passed or if there was never an agreement for a specific period of time, the notice (called a 'Notice Requiring Possession') given to a tenant must contain specific information to be valid. This includes:

The part of the Housing Act on which it is based. The name and address of both landlord and tenant. The date it was given to the tenant ('served'). The date on which it expires.

Unless a landlord has experience of the procedure it is sensible to use a standard form. These are available from legal stationers or solicitors and give all the correct information. Ask for a 'Notice Requiring Possession' for a periodic Assured Shorthold Tenancy.

The notice for a periodic Assured Shorthold tenancy must give the tenants 8 weeks notice (if the rent is paid weekly) or two months (if it is paid monthly). In addition, it must end on the last day of a rental period. This is the day before the rent is normally due.

Example: A tenant moves in to a rented property on the 14th of January, is given a written contract for 6 months and pays rent monthly. In August, the landlord decides that the property should be sold. A notice given before 14th August must be for two months and end on the day before rent is due. The notice should therefore be dated to expire on 13th October.

If, however, the notice is served after 14th August (say, on the 16th) then it must expire on 13th November. This is because it must be for two full months and expire on the day before rent is due. If the notice was dated 13th October, it would not be for two full months and the end of the next rental period is 13th November.

Ending a tenancy during the period covered by a contract
To end a tenancy during the period covered by a contract is much more complicated. This is because the landlord must give legal reasons (called 'grounds') for ending the tenancy.

'Grounds' include reasons such as rent arrears, damage to the property and breach of tenancy conditions. The notice is called a 'Notice Seeking Possession' and must contain very specific wording. It is therefore wise to seek advice before attempting to evict tenants before the end of the 'fixed' period.

Depending on which legal ground the landlord wishes to use, the notice period is either 2 weeks or 2 months. There is a booklet available on request from Council offices which lists all of the grounds and gives further details of the process a landlord must follow.

General rules for ending a tenancy
To end a tenancy, there is a sequence of actions that must be taken. To warn a tenant in advance that you wish them to leave, you must give them a letter, called a 'Notice Requiring Possession' or 'Notice Seeking Possession' (depending on the circumstances) . The wording of the notice is explained in the laws that deal with private tenancies (The Housing Acts of 1988 and 1996).

If the tenant does not leave by the date you have asked them to in the notice, you can apply to a County Court for a Possession Order. Usually the Court will hold a hearing before setting a date when the tenant must leave. If a Possession Order is given, it will give the tenant a date by which they must leave. Often, this is 28 days after the Court Hearing.

If the tenant has still not left by the date given in the Possession Order, then a landlord can apply to the Court for a Bailiff's Warrant. The Warrant will give the tenants a day and a time by which they must leave. The bailiff has the power to evict the tenants and to change the locks, even if the tenant's furniture is still inside. The time delay between the date of the Possession Order and the Bailiff's Warrant being issued can be anything from a week to a month depending on how busy the Court Bailiffs are at the time.

The vast majority of tenants leave on or before the date the date given on original notice but landlords should be aware of the process: Notice - Court Hearing - Possession Order - Bailiff's Warrant.