Rights And Notices Involved With An Assured Shorthold Tenancy Eviction

May 10th, 2010 by Harry Carr

If you're new here, you may want to subscribe to my RSS feed. Thanks for visiting!

An assured shorthold tenant is someone who rents a private residence. It is only legal to evict this type of tenant if all rules are followed completely. There are specific rights and notices provided to tenants before an assured shorthold tenancy eviction can occur. A Tenant’s Rights:

When the proper written notice for eviction is provided, then there’s nothing that can be done about it.

When tenancy is for a fixed amount of time, the landlord can only evict if he/she has grounds to.

Tenancy that is for an unknown amount of time allows for the landlord to evict only if he/she has grounds or if he/she gives you a two month notice that an eviction will occur.

Grounds for eviction don’t need to be provided to a tenant with an unknown amount of time for tenancy, if a notice of eviction is given two months in advance.

A tenant with an unknown amount of rental time can also be evicted as long as the landlord has grounds to go by.

Notices Provided:

Written notice has to be given to both periodic tenants and fixed term tenants; a verbal notice is not accepted.

For a periodic tenant to be evicted, the landlord doesn’t need to have a reason for eviction.

If a reason is given to a periodic tenant, then notice can be for 14 days or 2 months.

When a deposit is held, the landlord can use the shorthold ground for a periodic tenant, but must provide eviction notice in writing, notice should also be two months in advance, the notice should not be given until the last day in the rent cycle, and it needs to state that the notice is being given by virtue of Section 21 of the Housing Act 1988.

Eviction of a tenant with fixed term tenancy must include a reason for the eviction.

Court action cannot take place until after the notice has been issued for a whole year. Grounds for eviction include; abuse or negligence of property, repossession by mortgage lenders of the landlord, tenant is a nuisance or an annoyance, rent is late on a regular basis, or if the terms of tenancy have been broken.

If you’re a landlord, you may have to deal with some unpleasant tasks. Tenancy eviction is a big problem that you may be facing. Make sure you know how to get tenants out legally at http://www.landlordangel.co.uk/.