Possession of flexible tenancies
How a local authority can end a flexible tenancy during the fixed term and on expiry of the term.
Possession during the fixed term
The local authority landlord can recover possession by serving a valid notice of seeking possession (NSP) and by establishing any of the grounds for possession available against a secure tenant, provided that the tenancy agreement contains a forfeiture or re-entry clause.
The prescribed form of the NSP is not the same as that served on periodic secure tenants.
The local authority should comply with the requirements of the Pre-action Protocol for Possession Cases by Social Landlords before pursuing possession proceedings on mandatory grounds or for rent arrears.
Possession when the fixed term expires
The landlord can repossess the property let on a flexible tenancy at the end of the fixed term. To do this, the landlord must serve the correct notices: a notice of non-renewal and a notice seeking possession.
The court must award possession where the local authority has sought possession on the expiry of the fixed term of a flexible tenancy if the:
fixed term has expired and no further tenancy has been granted, and
local authority served the correct notices
The court may refuse to grant possession if the local authority failed to carry out a review that was requested in time by the tenant, or if the decision on review is wrong in law.
Last updated: 9 March 2021