Ending a tenancy

If you find your tenancy agreement is not being followed or you are not being paid rent you can serve notice on your tenant.  The type of notice you serve depends on when the tenancy started and why you want them to leave.

  • if your tenant moved in before 15 January 1989 they will probably have a regulated tenancy and to end this you will have to serve a 28 day notice to quit
  • if your tenant moved in after 15 January 1989 and before March 1997 they will have either an assured tenancy or an assured shorthold tenancy
  • if your tenant moved in after 1 March 1997 they will probably have an assured shorthold tenancy
  • When the rental contract ends you have an automatic right to terminate the tenancy. You will need to give your tenant two months notice minimum

If you share living accommodation such as a living room, kitchen, or bathroom with your tenant, the notice period should be at least equal to how often the rent is paid (weekly or monthly). At the end of the notice period you can carry out a peaceful eviction and there is no need to obtain a Court Order. It is sensible to take legal advice first.

If you live in the same house as your tenant but do not share living accommodation you must serve a notice period equal to how often the rent is due.  You will need to give at least 28 days notice so that the tenancy ends on the last day of a rental period. The notice must be on a special form which is available from legal stationers. If you tenant has not left at the end of the notice period you must apply to the County Court for a Possession Order.  If your tenant doesn't leave after getting the court order, you may have to go back to court to get a bailiff's warrant. The important thing to remember is that it is a criminal offence to evict your tenant without following the correct procedure.