Landlord ends an assured tenancy
An assured tenancy can be ended by the landlord by notice or if the tenancy ceases to be assured due a change in circumstances.
Landlord regains possession
In order to regain possession of a property let on an assured tenancy, a landlord must obtain a court order. To begin the possession proceedings process the landlord must serve the required notice on the tenant.
Notice of seeking possession
As with other assured tenancies the landlord can serve a notice of seeking possession, specifying the ground(s) on which possession is being sought.
An assured tenancy requires the landlord to prove a ground for possession in court.
When a tenancy ceases to be assured
An assured tenancy may cease to be assured if the tenant ceases to occupy the property as their only or principal home.
If the tenancy terms are varied to a very high or a very low rent, the tenancy may be excluded from being assured.[1] This type of change in the rent may result in the tenant becoming a tenant with basic protection or an excluded occupier.
For social housing tenancies, subletting in breach of an express or implied term of the tenancy. See Social housing fraud for more information about criminal and civil consequences relating to the unauthorised subletting of social housing.[2]
Landlord terminates tenancy upon death of tenant
After the death of a periodic tenant and before letters of administration or a grant of representation has been issued, the landlord can end the tenancy by notice to quit. A notice must be sent to the property of the deceased addressed to the personal representative.[3] A copy of the notice must be sent to the Public Trustee.[4] The agreement may provide for service by another method.
In determining the date for expiry of the notice, the Court of Appeal held that as long as the copy of the notice is served on the Public Trustee before the original expires, the expiry of the original notice sent to or left at the deceased's property is the relevant date.[5]
No right to rent
Where the Home Office has served a disqualification from renting notice under section 33D(2) Immigration Act 2014 on the landlord naming all of the occupiers in premises held on an assured tenancy, the tenancy is converted into an excluded tenancy[6] The landlord may serve no less than 28 days notice in a prescribed form.
Last updated: 26 March 2021