Summary Information

 

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.

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