When it comes to ending an assured short hold tenancy, it must be done in a delicate manner. This is since both tenants and landlords need to follow the laws exactly as they are stated. When these laws are not followed properly, they leave all parties involved dealing with delays and other costs. Read on as we discuss how to end an assured tenancy.
Most of the times, tenants give landlords notice when they are about ready to pack up. However, there are some instances where landlords are forced to evict persons from their properties. Due to recent legislation, landlords are more inclined to do so with proper documentation.
Assured short hold tenancies have been around and used since around 1989. This protected tenants from being evicted according to the section 20 notice. ASTs can easily be a fixed-term contract. Meaning that they can range anywhere from 18 months to even 6 months.
When the term ends and the tenant still desire to stay, the following will happen:
- Lapse into statutory AST
- Renewed for a new term when both parties agree
Tenants should keep a record of written agreements containing obligations of both parties, rent amount, and the dates. In the case where legal tenancy can exist without written agreement, the tenant is legally protected and should be given written notice by the landlord within 28 days after the tenancy. In the instance where the tenant breaches the contract, they can be evicted within just 6 months.
End Of Tenancy
If you did not already know, most tenancies end on natural terms where the tenant gives notice that they’re leaving. Most ASTs last anywhere between 12 and 18 months while a small percentage lasts for years at a time.
When the fixed term comes to an end, under statutory regulations, tenancy ends. This means that the tenant is not obligated to give notice and can leave without doing do. However, they must leave on the last day. If the contract states otherwise, they may be obligated to follow along.
It is still courtesy, and most tenants inform their landlords that they are planning to leave. This ensures that the landlord has enough time to put their property on the market.
Some long-term tenancies usually tend to have this form of agreement. It can be either a tenant or a landlord break. 12-month tenancies can be drafted with a 6-month break allowing either party to end the agreement earlier or rather after the AST is over. However, this sometimes only applies if certain conditions are met.
Ending A Tenancy Early
It is acceptable for tenants to end their tenancy early but in some cases, the landlord does the same. In this instance, it must be done with an agreement between both. It usually leaves either willing to surrender or comply with compensation. It should be noted that neither party is under legal obligation.
when tenants stay after the fixed term the tenancy is automatically driven into a statutory period. This is only done when the agreement states that it has the potential to become a Contractual Periodic Tenancy. This simply means that the period is based on calendar months and runs the day after the term has ended.
If the tenant wishes to end this period, they must give a clear tenancy period notice. This period is usually one month or at least 28 days. However, the notice period must end by the last day when the rent is paid.
Landlords should never sign new tenants until the old ones leave for good. this often puts them in sticky situations when the old tenant decides to stay, and the landlord already has a new tenant. It is advised that landlords charge double when tenants give notice and continue to stay after the period has ended.
If the landlord gives notice, chances are the tenant is in breach of his contract. This means there is usually an arrears of rent or maybe the landlord simply wishes to sell the property. The following can be done if the landlord wishes to obtain possession:
- Serving notice
- Apply to the court
- Apply to the court for a bailiff to evict the tenant
This is also another common problem that results in eviction. Hence, landlords can evict tenants. However, tenants are still protected by the Protection from Eviction Act. For this purpose, landlords are advised to proceed with caution before they are accused of harassment.
If tenants are in arrears, they are still legally able to stay until the tenancy has ended. In essence, landlords are still obligated to carry out their duties as well. In the case of arrears, everyone is still obligated to follow protocols.
As we conclude, we have just looked at how to end an assured short hold tenancy. Remember, these situations should be handled with care before they get messy. Both landlords and tenants are legally protected in several situations. Click on this URL for more information about properties.