THE PROFESSIONAL ASSOCIATION FOR LANDLORDS
BACK TO MENU
What is not generally recognised is that the landlord cannot cease a tenancy, they can (politely) ask the tenant to leave, by way of a notice, and if that fails the landlord can apply to court to have that converted into a court order.
The procedure for this is:-
Issue the appropriate notice (request to leave);
If ignored apply to court to have converted to court order:-
Immediate or suspended
If still ignored apply to court for a bailiff’s order.
Generally will have to apply separately to recover any arrears – suggest use Money Claim Online – www.moneyclaim.gov.uk
Note that the court can issue a suspended or immediate possession order. If the tenant still fails to vacate a Bailiffs’ Order has to be sought.
However a tenant leaves it is vital to prove they have left voluntarily else there is a danger they can claim they were illegally evicted. We suggest you use the iHowz Deed of Surrender.
There are two types of notices to be used for an AST:-
A Section 21, where no reason is required;
A Section 8 where a reason (a Ground) is required, generally lack of rent, but there are several other grounds as well.
See the NOTICES section. Alternatively use the iHowz discounted Eviction Service.