In order to end an Assured Shorthold Tenancy, the first step is for the landlord to give notice (advanced warning) to the tenant(s).

Strictly speaking, a notice is merely notification to the tenant that if they do not leave, the landlord can apply to a Court for possession. The only way to legally evict a tenant who refuses to leave is to apply to a Court for a Possession Order and for the Court Bailiffs to evict the tenant.

In practice, most tenants will be advised to leave on or before the expiry date of a valid notice because if they stay, it will be their responsibility to pay any Court fees. It is likely that the only time an 'Assured Shorthold' tenant would be advised to stay would be if the landlord had declared that they had legal grounds for eviction and the tenant disputed that such grounds existed. For example, if the landlord claimed there were rent arrears and the tenant disputed this, then the tenant may choose to stay and let a Court decide who is right.

It is very important that the correct procedure is followed. Failure to do so is illegal; it is a criminal offence. The penalty for being convicted is an unlimited fine and/or a 2 year prison sentence.

In addition, a Court will not award a possession order if the notice given by a landlord is incorrect (called invalid). If a notice is found to be invalid, the only way to evict a tenant is to serve a new, valid one.

It is good practice to either give the notice to the tenant(s) in person or to send it by some form of guaranteed delivery. This should prevent any later argument about the date that the tenant received it.

The method for ending an Assured Shorthold Tenancy depends on how long the tenancy has been operating and whether or not a written agreement is still in force.