All rented properties go through a life cycle of different tenants and even owners. Normally, the end of tenancy happens at the tenant's request. However, in cases where the tenancy has been problematic or if you are looking to sell the property, then as a landlord it will be your responsibility to initiate the end of the tenancy.
Asking your tenant for your property back is known as serving them with a 'notice to quit'. The process has both legal and ethical requirements to ensure the rights of your tenant are not violated.
Ending a tenancy is a difficult but necessary subject to understand as a landlord. Here's our guide to explain what's involved.
Assured Shorthold Tenancies (ASTs)
Most tenancies are ASTs which means the tenancy started after February 28th, 1997, the rent is between £1,000 and £100,000 a year and you also do not live with your tenant.
Landlords can take properties back if the tenancy is not a fixed term tenancy without giving a reason. Though to be eligible, the date at which you are asking tenants to move out must be at least 6 months from the date they moved in, and the deposit must have been held in a deposit protection scheme.
The notice period required by law has been subject to change over time. Always seek up-to-date legal advice to confirm the current notice period requirements for serving a notice to quit.
Fixed Term Tenancies
Tenants have a right to stay within the property for the entire period of the fixed term that was set out in their tenancy agreement. The only exceptions to this rule are if the tenant is behind on their rent payments, the property has been used for illegal purposes or if the property has been damaged.
If your tenant has breached any of the above clauses, then you may be able to serve them with a section 8 notice which can speed up an eviction. You should always seek independent legal advice before proceeding.
What If My Tenants Won't Move Out?
Thankfully, scenarios where the tenants refuse to move out are rare. This is especially the case if your tenants have been vetted by your lettings agent. In addition, a lettings agent will act as a neutral party between you and your tenant which can move negotiations along, so that things never get to the stage where you have a stand-off on your hands.
However, if you are dealing with tenants who refuse to move out, it's essential to know that you cannot forcibly evict them. Instead, you will need to initiate eviction proceedings through the courts.
Good To Note
You should always make every effort to be as considerate as possible with your tenants, especially if they have been exemplary throughout their tenancy.
It's imperative to build a good reputation as a landlord, and this means factoring in the end process just as much as the tenancy itself. It's key to seek legal advice so that you are always operating within the law. Also, you should keep your tenants informed throughout so that they do not face any nasty surprises, such as a 'for sale' sign going up before the proper notice has been served.
Nottingham Landlords
Are you a Nottingham based landlord who is looking to let their property? If you need any help or advice on anything we've mentioned above, then you're in the right place.
Give us a call on 01159 587791 to speak to our friendly team. We're the leading letting agent in Nottinghamshire, so you can be sure our team can help.