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Effect of the Tenancy Agreement on the Eviction Process

  • By Duncan Gallagher
  • Published 12/3/2012

Whatever the reason you have for evicting a tenant from your property, it is necessary to follow the rules and regulations applicable in these matters. Any failure in this regard may lead to legal charges of illegal eviction or harassment. It is a good idea to seek legal advice and guidance before you take any step.

The rules that a landlord need to follow depends on the nature of agreement between him/her and the tenant. The exact terms and conditions in the tenancy agreement play a significant role in the way you need to proceed with the eviction. Here is a glance at what you need to do if you have specific types of agreements with your tenants.

For Assured Shorthold Tenancies:

Assured Shorthold Tenancies or ASTs may be for periodic terms (valid on a weekly or monthly basis) or for fixed terms (valid for a set period). The first step is to give the tenants a notice to quit. Keep in mind that this will differ for the two types of ASTs.

If the notice to quit does not yield any result, you need to give them the notice of intention to seek possession. The objective of this is to make them aware of your intention to apply for the possession order.

The next step involves the application for the possession order. This order issued by the Court makes it possible to proceed with the eviction, remove tenant from your property and take back the ownership.

If the tenants fail to leave and the Court issues the possession order, you need to apply for the warrant for eviction. With this warrant, the bailiffs will be able to remove the tenants and their belongings from the house.

For Excluded Tenancies or Licenses:

A good example of this type of tenancy is when the tenant lives with you, i.e., the landlord, on the same property. For this type of tenancy agreements, you need not apply to the Court for eviction.

You need to send a reasonable notice to quit the property to the tenant at the initial stage. This may or may not be in writing. What is reasonable depends on the type of arrangement you have. If it is a monthly arrangement, you may give a month’s notice.

If the tenants fail to leave within the period specified in the notice, you have the right to alter the locks and keep your tenants out. However, you need to return all their belongings to them.

For Regulated and Assured Tenancies:

If the tenancy agreement came into effect before February 27, 1997, it may be a regulated or assured tenancy. The rules for eviction in such matters vary from the rules applicable on the other types of tenancy.  

The legal procedure for removing a tenant differs according to the type of agreement existing between the landlord and the tenant. It is a good idea to consult a competent solicitor specialising in these legal procedures. This will ensure that you do not face any legal hassle as a consequence of the eviction action. 


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