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debt advice - how_can_my_landlord_end_my_assured_tenancy

debt advice - how_can_my_landlord_end_my_assured_tenancy

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Published by Debt Advice
Free Debt Advice and Debt Management Planning guides. Avoid bankrupty today. www.InsolvencyHelplineNews.co.uk
Free Debt Advice and Debt Management Planning guides. Avoid bankrupty today. www.InsolvencyHelplineNews.co.uk

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Published by: Debt Advice on Nov 25, 2008
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05/09/2014

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HOW CAN MY LANDLORD END MY ASSURED
TENANCY?
F
ACT
S
HEET
N
O
17
DO I HAVE AN

ASSURED TENANCY
OR AN ASSURED
SHORTHOLD
TENANCY?

If you rent your property from a private landlord then the rights you have to stay in your home will depend on the type of tenancy you have and when your tenancy began.

It is very important to check exactly what sort of tenancy agreement you have. It is a lot easier for a landlord to evict you from your home if you have an assured shorthold tenancy. If your tenancy agreement has run out then the courtmust give your home back to the landlord as long as you have had two months notice in writing. See the section on

Accelerated Possession Procedure.

If you have an assured tenancy then in most cases the court can then decide if it is reasonable to make you leave your home, except when you have over 2 months/8 weeks rent arrears.

WHEN DID YOUR TENANCY
START?
From 28th February 1997 new tenancies will

normally be assured shorthold tenancies, unless you are given a specific notice by the landlord to say that you have an assured tenancy.

For assured shorthold tenancies that beganbefore28th
February 1997 your landlord must have given you a

written notice that your tenancy is an assured shorthold tenancybefore the tenancy began. The tenancy must have been for a fixed term of more than 6 months.

\u2022If your landlord says that you are an \u201cassured
shorthold tenant\u201d but your tenancy beganbefore
28th February 1997 and your landlord never gave

you any documents, or only gave them to you after your tenancy started contact a local housing aid centre, or\ue000phone us for advice.

\u2022If your tenancy started on or after 28th February
1997 your landlord does not have to give you any

written notice of the tenancy. All tenancies will automatically be assured shorthold tenancies. Even if your tenancy is not for a fixed term it will still be an assured shorthold.

\u2022If you started off as an assured shorthold tenant, but

your original fixed term has run out, the landlord can still use the fact you were originally a shorthold tenant to end your tenancy.\ue000Phone us for

advice.

Warning: If you are already an assured tenant, your landlord cannot turn your tenancy into an assured shorthold tenancy. If your landlord tries to do this,\ue000 phone us for advice.

C:\Documents and Settings\bobj\Desktop\Assured Tenancy.doc
1
THE UKINSOLVENCY HELPLINE
C:\Documents and Settings\bobj\Desktop\Assured Tenancy.doc
2

Although these terms may sound complicated, it is important that you know what sort of tenancy you have.

The landlord will have different powers according to the type of tenancy. If you are not sure what sort of tenancy you have, or if you moved into your propertybefore 15th January 1989,\ue000phone

us for advice.
WHAT GROUNDS CAN THE
LANDLORD USE IN COURT?

If your landlord asks you to leave, you should check what your rights are. Find out why they want you to leave. Your landlord may be able to go to court and ask for you to leave using one of the following reasons.

There are seventeen grounds for possession (ending your tenancy) which can be used for all the types of tenancy mentioned above.

Mandatory Grounds

There are eight mandatory grounds. This means that if your landlord can prove that what s/he is saying is true, then the courthas to award possession to the landlord. Although this will end your tenancy, you do not usually have to move out straight away. The court will usually give you at least 2 weeks before you have to leave, but you can ask for more time if you need it. The main grounds used are:

\u2022You are 8 weeks or 2 months behind with your rent
\u2022Your landlord wants to demolish or re-construct the
property.

For the following mandatory grounds to be used you must have been given notice before the tenancy began that this reason could be used to evict you:

\u2022Your landlord used to live in the house and wants
to move back in again to live there
\u2022Your landlord had a mortgage on the house and the
lender has repossessed the property and now wants
to sell it.

These are the most usual grounds used. See the chart at the end of this factsheet for a list of all the mandatory grounds the landlord can use to make you leave.

Discretionary Grounds

There are nine discretionary grounds for possession. This means that the court will only end your tenancy if it seemsreasonable to do so. It is up to the court to decide. You may be able to make an arrangement with the landlord or the court to get the order suspended. The main discretionary grounds used are:

\u2022A \u201cpersistent delay\u201d in paying the rent
\u2022Rent arrears of less than 8 weeks or 2 months.

These are the most common grounds used. See the chart at the end of this factsheet for a list of discretionary grounds the landlord can use to try and make you leave.

PROCEDURES THE LANDLORD
MUST FOLLOW
\u2022Your landlord also has to serve you with the correct
Notice of Seeking Possession (NOSP)before
taking any further action against you. Thismust
state:

\u2022Your name
\u2022The address of the property you are renting
\u2022What ground(s) the landlord is using to try and end

your tenancy. The title and the number of the
ground must both be correctly stated.
\u2022If the landlord has not completed the notice
correctly, it will be up to the court to decide
whether the case can proceed.
\u2022For each ground there is also a period of time that
must pass before the landlord can taken any further
action against you.
\u2022The grounds, the notices and the amount of time the
law requires your landlord to give you are all set
out in the charts at the end of this factsheet.If you
are not sure what ground your landlord is using
to go to court,\ue000phone us for advice.
\u2022

For more details on the court procedure see our self-help information pack \u201cDealing With Your Debts\u201d.

How can my landlord end my assured tenancy?
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3

Your landlord may ask you to leave the property but s/he cannot make you leave without going to court. It is illegal to harass you or threaten you to make you leave. If this is happening to you, contact the tenants\u2019 harassment officer in your local council

or\ue000 phone us for advice.
SPECIAL RULES FOR ASSURED
SHORTHOLD TENANCIES
\u2022If you have an assured shorthold tenancy, you will
have been told at the start how long the tenancy
lasts.
\u2022If the term of the tenancy has come to an end, the

landlord doesnot need to prove any other ground for possession,but they cannot get possession till at least six months from the start of the original tenancy agreement.

\u2022If the landlord wants you to leave for any other
reason then they cannot use the accelerated
possession procedure. (see the section on
Accelerated Possession Procedure).
Remember if your tenancy started before 28th
February 1997 your landlord must have given you

notice that you have an assured shorthold tenancy before your tenancy began, or you will have an ordinary assured tenancy. If your tenancy beganonor

after 28th February 1997 you will automatically be an
assured shorthold tenant unless you have awritten
agreement to say it is an assured tenancy.
\u2022The landlord must give you at leasttwo months

notice that your tenancy will not be renewed at the end of the fixed period. This notice must be in writing.

\u2022This notice can be served at thestart of the tenancy.

It is important to check the papers you had at the start if your landlord says your tenancy is due to end.

\u2022The landlord will be able to use the\u201caccelerated
possession procedure\u201d. This means they may be
able to get the property back faster and without a
court hearing. See the next section.
ACCELERATED POSSESSION
PROCEDURE
\u2022

If your landlord can show that s/he has got a good reason for getting possession of the property because you have an assured shorthold tenancy which has run out, then the court will not necessarily arrange a court hearing. This will speed up the court process, and means that your landlord can get possession of the property far more quickly.

\u2022

You will get a special claim form called a \u201cClaim for Possession\u201d with a reply form attached from the county court through the post in the usual way. You have 14 days in which to complete and return it to the court.

\u2022It is very important that you fill in the form and
put down any information that you want the
court to take into account. For example, you may
want to say that your landlord has not followed the
correct procedure, or given you the right papers.

If you feel that giving the landlord possession within 14 days will cause you exceptional hardship you need to explain this on the form. The court will then set a hearing date. You must go to this hearing. The court can let you stay in the property for up to 6 weeks if they agree at the hearing that you would suffer exceptional hardship if you had to leave within the usual 14 days.

\u2022

If you do not return the form, the court has the power to make whatever order it thinks fit without giving you another chance to provide any more information.

\u2022

The court will send you an order telling you when you have to leave the property. This will usually give you 14 days to leave. If you do not leave on the date ordered, the landlord can apply to the county court for a warrant of possession for bailiffs to make you leave.

For advice about your tenancy agreement and whether you can stop your landlord from ending your tenancy you can contact a local housing aid centre or a law centre.

You can also ring Shelterline on 0808 8004444 for specialist housing advice. If you are not sure if there is an advice agency in your area,\ue000 phone us for advice.

How can my landlord end my assured tenancy?

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