The answers provided on this page are for information only and should not be seen as legal advice. If you do have a legal problem, you should talk to a lawyer or adviser before making a decision about what to do. You may wish to use the CLS/CDS Directory to locate an adviser. The information provided here is written for people resident in, or affected by, the laws of England and Wales only.

1. What sort of tenancy have I got?
The vast majority of tenancies in England and Wales are Assured Shorthold Tenancies governed by the Housing Act 1988 (as amended). If the tenancy is for a rent not greater than £25,000 per year, the tenant is an individual or group of individuals, it is the tenant's main home, and the tenancy began after 28 February 1997 then it is almost certainly an Assured Shorthold Tenancy. Go to top

2. What if the tenancy began before 28 February 1997?
If the tenancy fulfils all the conditions from the previous answer and began between 15 January 1989 and 28 February 1997 and a Section 20 Notice was served on the tenant before the start of the tenancy then it is still most probably an Assured Shorthold Tenancy. If no Section 20 Notice was served then it will likely be an Assured Tenancy. If the tenancy began before 15 January 1989 then it is probably a tenancy under the Rent Act 1977. Go to top

3. What is the difference between an Assured and an Assured Shorthold Tenancy?
In a word, security. An Assured tenant has security for life provided he or she keeps to the terms of the tenancy and pays the rent. An Assured tenant can also pass on his Assured tenancy by succession. An Assured Shorthold tenant has more limited security for just six months or the lifetime of the contract which created the tenancy. At the end of the fixed term of the contract both these types of tenancy also enjoy the protection of continuing as Statutory Periodic tenancies on the same terms as the fixed term tenancy until brought to an end in the appropriate manner. Go to top

4. Can I just throw a non-paying tenant out and change the locks?
NO! Section 2 of the Protection From Eviction Act 1977 states that there can be no re-entry to a property let to a residential tenant without due process of law. This means that if the tenant fails to pay the rent then the landlord must take the tenant to Court and ask the Court to evict the tenant. Go to top

5. What about at the end of the tenancy. Can I throw the tenant out then?
The answer is still no. Section 3 of the Protection From Eviction Act 1977 requires that any eviction must occur by due process of law. This means that if the tenant does not volunatrily surender the property then the landlord must take the tenant to Court and get the Court to award possession. Go to top

6. What if I just throw the tenant out anyway?
Section 1 of the Protection From Eviction Act 1977 makes illegal eviction a criminal offence punishable by a fine, or by imprisonment in extreme cases. It is the responsibility of the Local Authority to prosecute for this. It is also possible for the tenant to take the landlord to Court to calim dmages for illegal eviction. These can be substantial. Go to top

7. My tenancy does not appear to fall into this category as the rent is too high or because I am letting to a Company.
If the tenant is not an individual or gorup of individuals or the rent is gretaer than £25,000 per year then the tenancy is not covered by the provisions of the Housing Act 1988. However the tenant does continue to enjoy the minimum protection provided by the Protection From Eviction Act 1977. The main difference is in the Notices that need to be served on the tenant. Go to top

8. So how do I go about getting rid of an Assured Shorthold tenant?
This depends on the situation. If the tenancy has come to an end or the landlord wishes to use a break clause built into the contract then the landlord must serve a Notice under Section 21 of the Housing Act giving the tenant not less than two months (or one period of the tenancy if this is longer) notice to vacate the premises. If the tenant is in breach of the terms of the tenancy then the landlord must serve a notice under Section 8 of the Housing Act 1988 citing the relevant grounds for possession listed in Schedule II of the Act. Go to top

9. Tell me more about Section 21 Notices.
OK. A Section 21 Notice must be in writing and it must make the date that the tenant has to vacate the premises clear. The date for vacating the premises must be at least two months in the future or one period of the tenancy if the tenancy period is longer than two months. If the tenancy has become a statutory periodic tenancy when the Section 21 Notice is served then the date given must also be at the end of a relevant period. This will be the day before the day on which rent should be paid. Go to top

10. Can I serve a Section 21 Notice on my Assured tenant?
No. Section 21 NOtices are only for Assured Shorthold Tenants who have had their six months security of tenure. Assured tenants have securtiy of tenure for life and therefore cannot be evicted through the use of a Section 21 Notice. Go to top

11. What should I do if a Housing Act tenant does not pay the rent or is breaking some other term of the tenancy?
The first thing you should do is get some expert advice. The tenant needs to be issued with a Notice under Section 8 of the Housing Act 1988 citing one of the Grounds for possession set out in Schedule II of the Act. Some of these Grounds are mandatory meaning that if they are made out then the Court must award possession. Some are discretionary meaning that it is up to the Court to decide whether possession should be awarded. Different Courts use their discretion in different ways depending on how seriously they view the matter complained of. As a Section 8 Notice is in a prescribed form and is useless if it is not completely correct you should seek expert advice before serving it. Go to top

12. My tenant is a Non-Housing Act tenant. How do I go about evicting him?
Non-Housing Act tenants have much less security of tenure. If they break a term of the tenancy then proceedings can be issued against them immediately although it is generally wise to send them a letter giving seven days to remedy the situation. At the end of the tenancy or if the landlord wishes to activate a break clause there is no need to serve a notice of any sort, it is only necessary to send a letter. If the tenancy has been allowed to continue beyond the end of the tenancy on a periodic basis then it will be necessary to serve a Notice to Quit giving a minimum of four weeks notice (or one period of the tenancy if longer) with the date of vacation expiring at the end of a relevant period. Notices to Quit must include the wording specified in the Notices to Quit etc (Prescribed Information) Regulations 1988 and you should therefore seek expert advice before serving them. Go to top

13. I have a Rent Act tenant. How do I go about evicting him?
Don't even think about it! Rent Act tenants have security of tenure for life and can also pass their tenancies on through succession. They also are not required to pay a market rent and only have to pay a 'fair rent' as determined by the Rent Officer. If you are seeking to evict a Rent Act tenant then theCourt must also be satisfied that it is reasonable to evict that tenant and they will need a lot of convincing. Simple failure to pay rent is unlikely to be sufficient. Go to top

14. My tenancy was granted as a part of my job, what protection do I have?
This depends a little on what your job actually is. If you are not an agricultural employee then your tenancy will only be a Housing Act tenancy if it was not provided for the better performance of your duties. If the house is being provided specifically to assist with your work ie. you are a caretaker or security guard) then your tenure is directly linked to your job. If you lose your job you also lose your tenancy. Go to top

15. My tenancy was granted as part of my job in agriculture. Does this make a difference?
Yes, it does. Tenancies granted to agricultural workers before 15 January 1989 are covered by the Rent (Agriculture) Act 1976 and these tenants enjoy very similar rights and security as tenants under the Rent Act 1977. Tenancies to agricultural workers granted after 15 January 1989 are Assured Agricultural Occupancies under the terms of the Housing Act 1988 and these attract similar protection as that given to Assured tenancies. Go to top