Debt Advice - How_can_my_landlord_end_my_assured_tenancy

THE UK INSOLVENCY HELPLINE HOW CAN MY LANDLORD END MY ASSURED TENANCY?

F A C T S H E E T N O

DO I HAVE AN ASSURED TENANCY OR AN ASSURED SHORTHOLD TENANCY? If you rent your property from a private landlord then the rights you have to stay in your home will depend on the type of tenancy you have and when your tenancy began. It is very important to check exactly what sort of tenancy agreement you have. It is a lot easier for a landlord to evict you from your home if you have an assured shorthold tenancy. If your tenancy agreement has run out then the court must give your home back to the landlord as long as you have had two months notice in writing. See the section on Accelerated Possession Procedure. If you have an assured tenancy then in most cases the court can then decide if it is reasonable to make you leave your home, except when you have over 2 months/8 weeks rent arrears.

WHEN DID YOUR TENANCY START? From 28th February 1997 new tenancies will normally be assured shorthold tenancies, unless you are given a specific notice by the landlord to say that you have an assured tenancy. For assured shorthold tenancies that began before 28th February 1997 your landlord must have given you a written notice that your tenancy is an assured shorthold tenancy before the tenancy began. The tenancy must have been for a fixed term of more than 6 months. • If your landlord says that you are an “assured shorthold tenant” but your tenancy began before 28th February 1997 and your landlord never gave you any documents, or only gave them to you after your tenancy started contact a local housing aid centre, or  phone us for advice. • If your tenancy started on or after 28th February 1997 your landlord does not have to give you any written notice of the tenancy. All tenancies will automatically be assured shorthold tenancies. Even if your tenancy is not for a fixed term it will still be an assured shorthold. • If you started off as an assured shorthold tenant, but your original fixed term has run out, the landlord can still use the fact you were originally a shorthold tenant to end your tenancy.  Phone us for advice. Warning: If you are already an assured tenant, your landlord cannot turn your tenancy into an assured shorthold tenancy. If your landlord tries to do this,  phone us for advice.

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Although these terms may sound complicated, it is important that you know what sort of tenancy you have. The landlord will have different powers according to the type of tenancy. If you are not sure what sort of tenancy you have, or if you moved into your property before 15th January 1989,  phone us for advice.

WHAT GROUNDS CAN THE LANDLORD USE IN COURT?

Discretionary Grounds There are nine discretionary grounds for possession. This means that the court will only end your tenancy if it seems reasonable to do so. It is up to the court to decide. You may be able to make an arrangement with the landlord or the court to get the order suspended. The main discretionary grounds used are: • A “persistent delay” in paying the rent • Rent arrears of less than 8 weeks or 2 months.

If your landlord asks you to leave, you should check what your rights are. Find out why they want you to leave. Your landlord may be able to go to court and ask for you to leave using one of the following reasons.

These are the most common grounds used. See the chart at the end of this factsheet for a list of discretionary grounds the landlord can use to try and make you leave.

There are seventeen grounds for possession (ending your tenancy) which can be used for all the types of tenancy mentioned above.

PROCEDURES THE LANDLORD MUST FOLLOW

Mandatory Grounds There are eight mandatory grounds. This means that if your landlord can prove that what s/he is saying is true, then the court has to award possession to the landlord. Although this will end your tenancy, you do not usually have to move out straight away. The court will usually give you at least 2 weeks before you have to leave, but you can ask for more time if you need it. The main grounds used are: • You are 8 weeks or 2 months behind with your rent • Your landlord wants to demolish or re-construct the property. For the following mandatory grounds to be used you must have been given notice before the tenancy began that this reason could be used to evict you: • Your landlord used to live in the house and wants to move back in again to live there • Your landlord had a mortgage on the house and the lender has repossessed the property and now wants to sell it. These are the most usual grounds used. See the chart at the end of this factsheet for a list of all the mandatory grounds the landlord can use to make you leave.

• Your landlord also has to serve you with the correct Notice of Seeking Possession (NOSP) before taking any further action against you. This must state: • Your name • The address of the property you are renting • What ground(s) the landlord is using to try and end your tenancy. The title and the number of the ground must both be correctly stated. • If the landlord has not completed the notice correctly, it will be up to the court to decide whether the case can proceed. • For each ground there is also a period of time that must pass before the landlord can taken any further action against you. • The grounds, the notices and the amount of time the law requires your landlord to give you are all set out in the charts at the end of this factsheet. If you are not sure what ground your landlord is using to go to court,  phone us for advice. •

For more details on the court procedure see our self-help information pack “Dealing With Your Debts”.

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Your landlord may ask you to leave the property but s/he cannot make you leave without going to court. It is illegal to harass you or threaten you to make you leave. If this is happening to you, contact the tenants’ harassment officer in your local council or  phone us for advice.

ACCELERATED POSSESSION PROCEDURE •

If your landlord can show that s/he has got a good reason for getting possession of the property because you have an assured shorthold tenancy which has run out, then the court will not necessarily arrange a court hearing. This will speed up the court process, and means that your landlord can get possession of the property far more quickly.

•

You will get a special claim form called a “Claim for Possession” with a reply form attached from the county court through the post in the usual way. You have 14 days in which to complete and return it to the court.

SPECIAL RULES FOR ASSURED SHORTHOLD TENANCIES • If you have an assured shorthold tenancy, you will have been told at the start how long the tenancy lasts. • If the term of the tenancy has come to an end, the landlord does not need to prove any other ground for possession, but they cannot get possession till at least six months from the start of the original tenancy agreement. • If the landlord wants you to leave for any other reason then they cannot use the accelerated possession procedure. (see the section on Accelerated Possession Procedure). Remember if your tenancy started before 28th February 1997 your landlord must have given you notice that you have an assured shorthold tenancy before your tenancy began, or you will have an ordinary assured tenancy. If your tenancy began on or after 28th February 1997 you will automatically be an assured shorthold tenant unless you have a written agreement to say it is an assured tenancy. • The landlord must give you at least two months notice that your tenancy will not be renewed at the end of the fixed period. This notice must be in writing. • This notice can be served at the start of the tenancy. It is important to check the papers you had at the start if your landlord says your tenancy is due to end. • The landlord will be able to use the “accelerated possession procedure”. This means they may be able to get the property back faster and without a court hearing. See the next section.

• It is very important that you fill in the form and put down any information that you want the court to take into account. For example, you may want to say that your landlord has not followed the correct procedure, or given you the right papers. If you feel that giving the landlord possession within 14 days will cause you exceptional hardship you need to explain this on the form. The court will then set a hearing date. You must go to this hearing. The court can let you stay in the property for up to 6 weeks if they agree at the hearing that you would suffer exceptional hardship if you had to leave within the usual 14 days. •

If you do not return the form, the court has the power to make whatever order it thinks fit without giving you another chance to provide any more information.

•

The court will send you an order telling you when you have to leave the property. This will usually give you 14 days to leave. If you do not leave on the date ordered, the landlord can apply to the county court for a warrant of possession for bailiffs to make you leave.

For advice about your tenancy agreement and whether you can stop your landlord from ending your tenancy you can contact a local housing aid centre or a law centre. You can also ring Shelterline on 0808 800 4444 for specialist housing advice. If you are not sure if there is an advice agency in your area,  phone us for advice.

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MANDATORY GROUNDS FOR POSSESSION ON ASSURED TENANCIES

GROUNDS 1-8 MANDATORY

MUST NOTICE BE SERVED AT START OF TENANCY?

1.

Landlord wants to occupy the premises.

YES (court can ignore this).

2.

Landlord's mortgage company has repossessed and lender wants to sell the house. You accommodation is a 'winter' or 'out of season' let.

YES (court can ignore this).

NO

YES (court should not proceed otherwise).

NO

2 weeks.

You accommodation is normally let to students. Your accommodation is usually let to a minister of religion. Landlord wants to demolish or reconstruct property. The tenant of an assured tenancy has died and the landlord wants to repossess from person who had inherited the tenancy. Tenant's rent is more than 8 weeks (or 2 months if paid monthly) in arrears at the date of the hearing.

YES

NO

2 weeks.

YES

NO

NO

NO

NO

NO

2 months or rent period, whichever is greater. 2 months or rent period, whichever is greater. 2 months or rent period, whichever is greater.

NO

NO

3.

4. 5.

6.

7.

8.

CAN LANDLORD USE ACCELERATED POSSESSION? NO

HOW LONG AFTER NOSP BEFORE ACTION CAN START

FURTHER INFORMATION

2 months, or rent period, whichever is greater. 2 months, or rent period whichever is greater.

Landlord must have once occupied the premises as home, or bought it before the tenancy started and now want to occupy. If the landlord doesn't move in, e.g. because property is sold, you may be able to sue for damages due to misrepresentation. Once property has been repossessed, it will be out of the landlord's hands. If s/he didn’t tell the lender you were renting it, then s/he may be in breach of the mortgage so the lender would not then have to recognise any of your rights. If this happens, phone us for advice. Let must not be for more than 8 months. Property must have been let as holiday accommodation within the last year. If you don’t leave at the end of your tenancy, the landlord may be able to claim damages if s/he can show s/he has lost money through not being able to re-let. Let must not be for more than 12 months. The landlord must be an educational institution, e.g. a college or university.

2 weeks.

Landlord has to show it is not practical for you to remain in the accommodation or that you are not willing to allow access. There does not have to be alternative accommodation for you, but the landlord should pay your removal costs. The occupier must have no right to take over (be a "successor") to the tenancy e.g. spouse or partner. The landlord must not have granted a new tenancy to the occupier. Landlord has 12 months (or longer if the court allows) to apply for possession on this ground.

If less than 8 weeks in arrears, court is unlikely to give outright possession to the landlord. Make sure you bring circumstances like repairs that need doing to the court's attention. If more than 8 weeks arrears at the date of hearing, the court must award possession.

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DISCRETIONARY GROUNDS FOR POSSESSION ON ASSURED TENANCIES GROUNDS 9-17 DISCRETIONARY 9.

10. 11.

12.

13.

14.

15.

Landlord wants tenant to move and can prove there is suitable alternative accommodation. Rent arrears. Persistently delayed paying rent. A term of the tenancy agreement has been broken (other than rent arrears). Condition of the property has got worse because of behaviour or criminal offence. Annoyance or nuisance, a conviction for immoral behaviour or criminal offence. Deterioration of furniture.

MUST NOTICE BE SERVED AT START OF TENANCY ? NO

CAN LANDLORD USE ACCELERATED POSSESSION ? NO

HOW LONG AFTER NOSP BEFORE ACTION CAN START

FURTHER INFORMATION

2 months, or rent period, whichever is the greater.

'Proof' could be something like a letter from the council saying they will re-house you. The tenancy must be the same or give you more rights. The landlord should pay your removal costs. Tell the court if you don’t think the accommodation is suitable.

NO

NO

2 weeks.

NO

NO

2 weeks.

Show you've been paying, or show you had good grounds, e.g. late housing benefit, mistakes by the bank etc. Also mention counterclaims such as outstanding repairs. Argue delay is not persistent, that the delays were trivial and did not cause inconvenience, or that you had good reasons (see above).

NO (but must have tenancy agreement with this term included in it).

NO

2 weeks.

Could be something like nuisance to neighbours, or abuse of common areas such as hallways. Possible defences include the breach is trivial or was not caused by you.

NO

NO

2 weeks.

Damage must be over and above usual wear and tear. See above for possible defences.

NO

NO

Immediately notice is given.

This can apply to the tenant, someone who lives with the tenant, or a visitor.

NO

NO

2 weeks.

Again, this must be over and above what is reasonable wear and tear. Damage can be caused by someone who lives with the tenant.

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16.

17.

Tied accommodation, and the tenant is no longer employed to do the job. False statement made to get tenancy.

NO

NO

2 months, or rent period, whichever is the greater.

The landlord does not have to prove the accommodation is needed by another employee.

NO

NO

2 weeks.

The tenant or someone acting for them persuaded the landlord to give the tenancy by giving false information.

THE COURT SHOULD ALWAYS CONSIDER WHETHER IT IS REASONABLE TO GRANT POSSESSION ON A DISCRETIONARY GROUND. IF YOU THINK THIS WAS NOT DONE, OR YOU HAVE FURTHER INFORMATION THAT YOU WANT TO PUT TO THE COURT, GET ADVICE. REMEMBER: YOU CAN ALWAYS PHONE US FOR ADVICE.

REMEMBER: You can always contact us for advice about any difficulty you have in dealing with your debts.

Freephone: 0800 074 6918 Website: www.insolvencyhelpline.org © Copyright Money Advice Trust (updated April 2005) Whilst we endeavour to keep our factsheets as up to date as possible, The UK Insolvency Helpline cannot be held responsible for changes in legislation or for developments in case law since this edition of the factsheet was issued.

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