Information on Tenancy Agreements for Landlords
Most private rented properties are Assured Short hold Tenancies
(AST). Any tenancy created after 28th Feb 1997
will be an AST. The initial fixed term of these is normally 6
months but can be anything over that. Once the fixed term expires
it would roll into a contractual periodic tenancy that runs
indefinitely from one rent period to the next.
The rent period is the time between rent
payments. For example if the rent payment is monthly and is
due on the 15th of the month then the rent period will
run from the 15th of that month to the 14th
of the following month.
Also, a tenancy agreement is created even if
there is no written agreement. The occupier, with a tenancy created
orally, has the same rights as one with a written contract as long
as they have:
- Moved into the property
- Paid rent
- Have exclusive occupation i.e. live there solely and not with
the landlord.
Serving Notice to quit a Property
Section 21 Notices
The Housing Act 1988 allows recovery of
possession of the property at the end of the fixed term. The notice
must be properly drafted with the following:
- Must be in writing.
- Must state "possession required under Section 21 a (End of
fixed term) or 21 b (end of periodic) of the Housing Act
1988".
- Must give a notice period of at least two months.
Stating both date served and vacation date.
- If the fixed term has not expired then the notice cannot expire
before the end of the fixed term.
If the tenant does not give up possession then
as landlord must go to County Court and apply for a Court Order. It
should also be noted that if you have not register a tenants
deposit under a tenancy deposit protection scheme, then you cannot
use the Section 21 notice to gain possession.
Section 8 Notices
This type of notice is used when a
landlord wishes to get possession of the property before the fixed
term has come to an end. As a landlord you are required to serve a
notice of intention to seek possession under Section 8 of the
Housing Act 1988.
A Section 8 notice is usually used when
there is some default on the part of the tenant. The most common
type of default during the term of the tenancy will be non-payment
of rent, but any breaches of the terms of the tenancy agreement can
also start possession proceedings, for example if the
tenant damages the property or are a nuisance to the
neighbours. The court will require you as a
landlord or agent, to show adequate evidence or proof
of the problems.
When claiming possession under Section 8, as a
landlord it is common place to cite more than one ground in your
claim, this is advised as it adds to case. Some of the grounds are
mandatory, which means that if as a landlord you
can prove that one of the grounds applies then the court has no
choice but to award possession to you. The other grounds are
discretionary, and the court will only award
possession if it is reasonable to do so.
A Section 8 notice may be served by post or in
person. If there is more than one tenant the notice must be served
on all tenants. The court will recognise the day of postal service
as the day on which the letter would normally have
arrived.
Once the section 8 notice has been issued
to you are required to wait until the notice has expired –
this is the date given on the notice. If the tenant has not
vacated, or paid up any rent arrears by this point, then it will be
necessary to start the court possession proceedings. This is done
by obtaining the appropriate forms from the local court (forms
N5 and N119) and payment of the appropriate court fee.
If you are applying for possession of the
property because of Anti Social Behavior (ASB) or some other
illegal activity and you require assistance from the Local
Authority or Cumbria Constabulary in your claim for possession,
then please contact Housing Services Department at the Council, who
along with Cumbria Constabulary would be willing to assist as much
as is practicable.