Ending a Tenancy a brief guide

Ending a tenancy, a brief guide.
Knowing how to end a tenancy is essential for any landlord. Despite less than 1% of tenancies ending via court action, the process can be difficult and frustrating with many landlords waiting for months for possession, even when everything has been done correctly.
As most landlords only seek possession where the tenant is breaching their contract, getting the possession process wrong can be extremely costly as the process must be restarted from the beginning.
Ending an Assured Shorthold Tenancy
Section 21 Notice
The most common type of notice for assured shorthold tenancies; the Section 21 notice can be served once the tenant has lived in the property for at least four months and does not require you give your reason for possession. However, this landlord notice to end the tenancy cannot require possession before the end of the fixed term of the tenancy and you must meet all the additional requirements to serve a valid notice.
You can download the form 6a directly from the Government Website or call us on 020 84002726 or email info@glaproperty.com for completion instructions.

Section 8 Notice
If you have an assured or assured shorthold tenancy agreement, then you may be able to use a Section 8 notice to end a tenancy agreement instead. This notice can only be used where at least one of the grounds for possession set out in Schedule 2 of the Housing Act apply.
If you are using a Section 8 notice then you will need to state which grounds you are relying on from Schedule 2 and why you are relying on them.
The grounds for possession fall into two categories:
• Mandatory grounds where the tenant will definitely be ordered to leave if the landlord can prove the ground exists, and
• Discretionary grounds where the judge has discretion on whether to grant possession.



How to serve a Notice
There are many different types of notice that a landlord may need to serve depending on their tenancy. These notices will each have their own specific requirements. However, whether it is a Section 21 notice or a notice to quit, there are certain practices that you should follow as a landlord if you want to ensure the notice is served correctly on a residential tenancy. Call us on 020 84002726 or email info@glaproperty.com for advice.
Applying to court for possession
If you have served a notice to end the tenancy and the tenants have not moved out, you will need a court order to regain possession of your property.
If you have used a Section 21 notice, in most cases this will mean using the accelerated possession procedure. The accelerated possession procedure does not normally require you to attend a court hearing. Instead, the judge makes their decisions after looking over the paperwork you sent in with the N5B form.
Ending a tenancy without a court order
Most tenancies end without the need for a court order because a tenant chooses to end it. Normally this is many years after they move in and long after the fixed term of the contract is over. However, sometimes a tenant will want to leave during the fixed term of the tenancy.
In this instance you will need to complete a Deed of Surrender.
Occasionally, a tenant may leave the property without informing the landlord. As a landlord needs a court order to end the tenancy this can be problematic.
Items left behind at the property.
Items left behind at the end of a tenancy still belong to the tenant and landlords are responsible for ensuring they are kept safe. Landlords can dispose of them, but they need to follow the correct procedure, including storing them for a time.

For further information on any of the above or for general advice, call us on 020 8400 2726 or email info@glaproperty.com.