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.

This content applies to England

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 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

Footnotes

  • [1]

    paras 2, 2A, 3, 3A and 3B, Sch.1 Housing Act 1988.

  • [2]

    s.15A Housing Act 1988, as inserted by s.6 Prevention of Social Housing Fraud Act 2013; in England, in force with effect from 15 October 2013 under the Prevention of Social Housing Fraud Act 2013 (Commencement) (England) Order 2013 SI 2013/2622.

  • [3]

    s.18(1)(a) Law of Property (Miscellaneous Provisions) Act 1994.

  • [4]

    s.18(1)(b) Law of Property (Miscellaneous Provisions) Act 1994

  • [5]

    Gateway Housing Association Ltd. v (1) The Personal Representatives of Mr Ali (Deceased) (2) Mrs Begum [2020] EWCA Civ 1339.

  • [6]

    s.3A(7D) Protection from Eviction Act 1977 inserted by s.40(5) Immigration Act 2016.