Ending a tenancy
Landlords must follow the correct procedures to end the tenancy agreement. The first stage is for the landlord to give proper notice to the tenant to end the tenancy. The notice given depends on the type of tenancy agreement.
The most common tenancy is an Assured Shorthold Tenancy (AST). A landlord can give a Section 21 or Section 8 Notice depending on the circumstances of ending the tenancy.
A Section 21 notice is usually known as a ‘no fault’ notice which is given when the landlord seeks possession of their property after the fixed term agreement ends or during a tenancy with no fixed end date (periodic tenancy).
A Section 8 notice is usually given if the tenants have broken the terms of their tenancy agreement.
The notice will give a date for the tenant to leave the property. If a tenant stays past the date given, the tenancy will still continue and the landlord will need to apply to the court for the tenant to leave the property.
In order for the eviction process to be legal, the landlord must apply to the court for a ‘warrant for possession’. If the warrant is granted, the tenant must leave the property by a specified date otherwise bailiffs may be instructed to evict the tenant.
Visit the GOV.UK website for more information on evicting tenants, ending a tenancy and model notices.
Please call our Tenancy Relations team on 01952 381875 or 01952 381877 prior to serving notice. They offer assistance, support and mediation for landlords and tenants and aim to prevent homelessness at the earliest stage.
Harassment and Illegal Eviction
Harassment by a landlord is an act that directly or indirectly interferes with the privacy, comfort and general enjoyment of the tenant’s home.
This can include:
- withholding keys or changing the locks
- stopping services such as gas, electricity or water
- deliberately allowing the property to fall in to disrepair
- entering the property without the tenant’s permission
- verbal threats and physical violence
- interfering with post and/or deliveries
- harassment due to gender, race or sexuality.
Illegal eviction by a landlord can include:
- not giving proper notice to the tenant to leave the property
- changing the property locks to prevent access to the tenant
- evicting the tenant without a proper court order
- physically throwing the tenant out of the property.
Illegal eviction is a criminal offence and if proven can carry a punishment of up to 2 years imprisonment and or an unlimited fine.
Further information regarding harassment and illegal eviction can be found on the GOV.UK website.
Please contact the Tenancy Relations team on 01952 381875 or 01952 381877 as soon as you can if your landlord is harassing you or threatening you with illegal eviction.
The Tenancy Relations Service
The Tenancy Relations Service is provided by the Council for the benefit of private sector landlords and tenants who live in properties in the Telford and Wrekin area. It aims to promote good relations between landlords and tenants and to encourage good practice in the rental sector. Most new tenancies in the PRS are set up as assured shorthold tenancies and are generally for either an initial six or twelve-month period. You should make sure that before you sign an agreement that you read it carefully and agree with the terms that are set out. You should get advice about anything that you are unclear about. Visit the GOV.UK website for more information about Private Rented Housing or visit the Housing Shelter website for advice and support.
The private sector housing team provide confidential advice and guidance on a range of tenancy issues to both private tenants and landlords.
- tenancy agreements
- obligations on commencement of a tenancy
- Energy Performance Certificates (EPC’s)
- protecting a deposit
- rent accounts
- ending a tenancy
- completing notices
- harassment and illegal eviction
- possession procedures.
If you would like to find out more or require advice and guidance, please contact the Tenancy Relations team on 01952 381875 or 01952 381877.
Last updated: 09/01/2023 15:36