www.landlords.org.uk David Kybett National Landlords Association How to end an Assured Shorthold Tenancy Only two ways www.landlords.org.uk - Serving Section 8 Notice Landlord can start the court process by either - Serving Section 21 Notice or - Court grants Possession Order - Tenant voluntarily surrenders tenancy z Ending an Assured Shorthold Tenancy Judge MUST grant Possession Order if correctly served Landlord must give two months Notice to tenant z z www.landlords.org.uk ‘No fault’ way to end an AST z Section 21 Expires at or after end of the fixed term Complete form N215 – Certificate of Service z www.landlords.org.uk Obtain witness / proof of delivery z MUST expire at least two calendar months from date of service of Notice z z Serving Section 21 during fixed term Must expire on last day of a rental period Obtain witness / proof of delivery Complete form N215 – Certificate of Service z z z www.landlords.org.uk Must give minimum two months notice z Serving Section 21 if Periodic Accelerated Possession - use form N5B, N215 plus z www.landlords.org.uk Copy of tenancy agreement Deposit certificate plus HMO Licence if appropriate Sec 21 Notice & when, how and by whom served Any correspondence with tenant and other relevant paperwork Schedule of rent arrears (if claiming unpaid rent) Can only pursue Possession and costs z ¾ ¾ ¾ ¾ ¾ Apply to County Court for Possession Order z If tenant doesn’t leave www.landlords.org.uk Only way to legally evict a tenant is to apply for a Bailiff’s Warrant to Evict (use Form N325) If tenant still doesn't leave: Wait for Court ruling 1 2 1 2 Court • Process landlords application • Tenant to reply • Process tenants reply Judge 3 1 Bailiff Contingency www.landlords.org.uk 10 Landlord • Serve Section 21 (14 to 42 days) Weeks Action Section 21 Timing 20 19 16 14 10 Total Used if tenant breaches terms of the tenancy Complete form N215 – Certificate of service z www.landlords.org.uk Obtain witness / proof of delivery z Use prescribed form and specify Grounds with correct wording z z Section 8 17 Grounds for Possession z www.landlords.org.uk Ground 11 - persistently late paying rent Ground 10 – some rent unpaid when served & when proceedings started z Ground 8 – 2 months rent owed when served & at Court hearing z z Grounds for Possession Standard route - use forms N5, N119, N215 z www.landlords.org.uk Can pursue Possession, rent and costs z After 14 days for most Grounds, apply to County Court for Possession Order z If tenant doesn’t leave www.landlords.org.uk Only way to legally evict tenant is to apply for a Bailiffs Warrant to Evict (use Form N325) If Possession granted but tenant still doesn't leave: Wait for Court ruling 3 (up to 6) Judge 1 Contingency www.landlords.org.uk 3 Bailiff • Period to possession can be up to 42 days. Often 21 days for rent arrears 8 2 Weeks • Should issue hearing date within 8 weeks of receiving completed Court Forms. During this time the Court will process the application and serve Notice on the tenant Court • Serve Section 8 Landlord Action Section 8 Timing 17 16 13 10 2 Total NLA web site NLA Landlord Development Courses NLA Landlord Library z z z www.landlords.org.uk ** EMLAS accept NLA courses for CPD ** NLA Advice Line z Help available from NLA National representation Services z z www.landlords.org.uk Regular landlord meetings z Other services from NLA Joining fee - £18 Reductions for 3, 5, 10 year & life membership z z www.landlords.org.uk Annual fee - £80 z Cost of membership www.landlords.org.uk www.landlords.org.uk Tel: 020 7840 8900 Email: [email protected] National Landlords Association Any questions?