Assured Shorthold Tenancies

Recovering Arrears of Rent and Possession

We provide a range of legal services, including Property / Development work, and Commercial Litigation. The firm has specialist expertise in certain areas, including Landlord & Tenant matters.

What is an assured shorthold tenancy?

An assured shorthold tenancy is a tenancy under which a property is let as a separate dwelling; the tenant has to be an individual not a company and he must occupy the property as his only or principal home. It is for a minimum term of 6 months and a maximum of 1 year. Failure to observe detailed rules could immediately create an assured tenancy and the landlord thereby may lose his right to obtain possession.

Recovering Possession during the fixed period of tenancy

The only way a tenancy can be brought to an end during the fixed period of tenancy is on one of the s.8 notice grounds:

  • Mortgagee case where owner occupier served notice
  • Substantial arrears (8 weeks if the tenancy is weekly, 2 months if the tenancy is monthly)
  • Some arrears
  • Persistent delay in paying rent
  • Breach of tenancy
  • Condition of property deteriorated
  • Nuisance, annoyance or conviction
  • Deterioration of furniture
  • Tenancy induced by false statement

The tenancy agreement must provide for termination on the ground relied upon.

The most common ground is rent arrears and once the tenant is in 8 weeks (if rent is paid weekly) or 2 months (if rent paid monthly) arrears then a s.8 notice to quit should be immediately served which will give the tenant 2 weeks to bring the arrears up to date, failing which possession proceedings can be commenced.

Once possession proceedings are issued and served the Court will fix a hearing date. The court will then decide on the evidence before it whether to make the Order or make a Suspended Possession Order.

A Suspended Possession Order is one that makes an Order but suspends enforcement pending the Tenant clearing any arrears on terms and maintaining all future payments.

If a Possession Order is made then the tenant will have 14 days to leave the property. If he does not leave then it will be necessary to instruct the Court Bailiff to evict the tenant. It is a criminal offence to evict a tenant without a Court Order and a Court Bailiff.

Timescale

We can issue proceedings within days of receiving instructions if the appropriate notice has been served and the notice period expired. The court should then serve the documents on the tenant within 14 days and a hearing would be fixed in 6 - 10 weeks, depending on the relevant courts listing.

Recovering Possession at the end of a Fixed Term (6/12 months)

Provided the necessary s.21 notice has been given to the tenant which must be not less than 2 months notice in writing stating that possession is required at the end of the tenancy then the court will make an order for possession.

The simplest way is once the tenancy agreement has been signed at the commencement of the tenancy, the tenant should be served with the s.21 notice thereby avoiding any delays if possession is required at the end of the fixed term.

There is a court procedure that can be followed called "accelerated possession". Provided the paperwork is in order, and no defence is filed the court will make the Possession Order based on the paperwork alone and no hearing is necessary.

In our experience the procedure is not in fact quicker than normal proceedings, and as rent arrears cannot be claimed we do not encourage this method.

Recovering Possession at the end of a Fixed Term that has continued as a Periodic Tenancy

If the tenancy has continued after the fixed term as a periodic tenancy then a s.21 notice is required to be served giving the tenant 2 months notice that possession is required after a date specified in the notice. That date must be the last day of a period of the tenancy, not earlier than 2 months after the notice was served. This notice is more complicated and it is crucial that the date specified is correct otherwise the court will reject the application and not make the Order.

Likely Costs

We will be happy to advise you as to the likely costs of each stage of the process and will notify you of any changes to estimated costs in advance. Please contact our expert team to discuss your situation and find out how we can help you.



Back to Litigation Homepage