Landlord Advice UK Tenant Eviction Service For Landlords

Assured Tenancy

An assured tenancy offers tenants significant security of tenure, making the eviction process for landlords more complex. This guide explains how landlords can legally regain possession of their property under an assured tenancy and outlines the notice requirements, grounds for possession, and court procedures.

What is an Assured Tenancy?

A tenancy is typically an assured tenancy if:

• The landlord provided written notice to the tenant that it is an assured tenancy.
• The tenant moved into the tenancy with the same landlord and was an assured tenant under their previous agreement.
• The tenancy began between 15 January 1989 and 27 February 1997, and the landlord did not provide a written agreement or a Section 20 notice designating it as an assured shorthold tenancy (AST).

Unlike ASTs, an assured tenancy has no fixed term. It is an indefinite tenancy (or lifetime tenancy) and can only be terminated under specific circumstances, such as a breach of tenancy obligations or if the landlord relies on certain legal grounds.

When Can an Assured Tenancy Be Terminated?

An assured tenancy can be terminated if:

1. The Tenant Breaches the Agreement: Breaches may include rent arrears, anti-social behaviour, or damage to the property.
2. Grounds 1–5 of Schedule 2 of the Housing Act 1988 Apply: If the landlord provided written notice before the tenancy began that they may require possession on these grounds.

For Grounds 1 and 2, the court may waive the notice requirement if it is deemed just and equitable to do so.

Eviction Process for Assured Tenancies

1. Serving Notice to the Tenant

The landlord must serve a Section 8 notice as required under the Housing Act 1988.

The notice must:

• Be in the current prescribed form.
• Specify the grounds for possession (from Schedule 2 of the Housing Act 1988).
• State the earliest date court proceedings can commence.

Notice Periods

The notice period depends on the grounds being used:

• Mandatory Grounds: Typically require 2 weeks’ notice, but may vary depending on the ground.
• Discretionary Grounds: Generally require at least 14 days’ notice, though some grounds may allow for shorter or longer periods.

2. Grounds for Possession

Mandatory Grounds

If a mandatory ground is proven, the court must grant a possession order. Examples include:

• Rent Arrears: The tenant owes 8 weeks’ rent (or 2 months for monthly rent payments).
• Anti-Social Behaviour: The tenant or a household member has been convicted of anti-social behaviour.
• Landlord’s Need for the Property: The landlord intends to live in the property, provided this was stated in prior notice.
• Redevelopment: The landlord intends to demolish or extensively redevelop the property.

Discretionary Grounds

For discretionary grounds, the court may grant a possession order if:

• The ground is proven.
• It is deemed reasonable to issue the order.

Examples include:

• Partial Rent Arrears: The tenant has unpaid rent but does not meet the threshold for mandatory grounds.
• Persistent Late Payment of Rent.
• Breach of Tenancy Agreement: Any term other than rent arrears, such as subletting without consent.
• Anti-Social Behaviour: Behaviour that disturbs neighbours but has not led to a conviction.
• Damage to the Property: Significant damage caused by the tenant or their guests.
• Providing False Information: The tenant gave false information to obtain the tenancy.

Suspended Possession Orders

For discretionary grounds, the court may issue a suspended possession order, allowing the tenant to remain in the property under certain conditions (e.g., repaying arrears). If the tenant breaches these conditions, the landlord can enforce the possession order.

3. Court Proceedings

If the tenant does not vacate the property after the notice period, the landlord must apply to the court for a possession order.

• For mandatory grounds, the court must grant possession if the ground is proven.
• For discretionary grounds, the court will consider the circumstances and determine whether it is reasonable to grant possession.

Court Discretion

In some cases, the court may:

• Dispense with the Notice Requirement: Under Section 8 of the Housing Act 1988, if a notice contains errors but the landlord can prove the case, the court may proceed without requiring a new notice.

Key Legal Requirements for Eviction

1. Correct Notice: Ensure the Section 8 notice is in the prescribed format and served with the appropriate notice period.
2. Grounds for Possession: Clearly specify the grounds being relied on.
3. Court Order and Enforcement: Landlords cannot evict tenants without a possession order from the court and enforcing such order.