How to Evict Tenants Under An Assured Short-Hold Tenancy Agreement
What Is an Assured Short-Hold Tenancy Agreement?
An "assured short-hold tenancy" is a particular type of tenancy that has become popular with landlords recently. It enables a residential property to be rented out without giving the tenant very much security of tenure. In other words, at the end of the tenancy, the landlord can recover possession of the property relatively easily.
All the landlord has to do is serve a 'notice to quit' on the tenant at least two months prior to the end of the tenancy, and the tenant has no legal right to remain in the property.
Prior to the development of the assured short-hold tenancy, landlords rented property under an "assured tenancy" agreement. This type of agreement gave the tenant security of tenure. If the landlord wanted to repossess his or her property, he or she had to have a good reason for evicting the tenant.
Margaret Thatcher introduced the assured short-hold tenancy agreement in the late 1980s, strengthening landlords’ rights. The Housing Act of 1988 revived the private rental sector and marked the beginning of the buy-to-let boom. The subsequent Housing Act 1996 further strengthened landlords’ position by establishing the assured short-hold tenancy as the default arrangement, unless very clear written agreements establish some other type of tenancy.
Okay, that’s all well and good, but what happens if a tenant refuses to leave at the end of the tenancy agreement?
Unfortunately, sometimes you get an obnoxious tenant who thinks that he or she can live in your property for FREE and refuse to pay rent. While you continue to pay the mortgage and provide a roof over the tenant’s head, the tenant smugly plans to hide behind the law.
If this happens, you have two options:
You can either send in the thugs to forcibly evict the tenant, or you can serve the proper notices in accordance with the law.
Actually, upon second thought, I don’t think the first option is a very good idea, unless you want to be charged for harassment.
The only option you really have is to serve the proper notices, following the processes illustrated in the flow charts below.
You could get your solicitor involved. Solicitors love this kind of work, because it’s so easy for them to complete a few simple forms and then charge you exorbitant fees. A solicitor knows that the process is easy, and preys on your ignorance to make a profit.
Instead, save yourself some money and follow the steps below. Click on the links at the bottom of the flow chart, and I’ll show you where you can download the forms for free, along with detailed instructions for completing them.
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