Most residential tenancy agreements are "Assured Shortholds" (though this is a point that should be checked). From the Landlord's point of view the benefit of Assured Shorthold Tenancy agreements is that you can (ultimately) obtain vacant possession of your property without having to establish that the Tenant has breached any terms of the agreement. In other words, even the best behaved Tenant in the world can be required to vacate. However, it is not all plain sailing. We recommend both Landlords and Tenants consider the points below as it is always useful to know what advice the other side might be getting!

Warning to the Landlords.

Obtaining possession against the good Tenant.

Obtaining possession against the bad Tenant.

What to do at the end of the fixed period.

When the Tenant moves out.

Release of the deposit.

A Landlord of residential accommodation cannot take matters into his or her own hands and evict Tenants. A Court Order must be obtained otherwise the Landlord risks facing a claim for compensation from the evicted Tenant and criminal charges for unlawful eviction. If you are a Tenant in such circumstances then refer to our Housing Problems section.

Assuming the Tenant has an Assured Shorthold Tenancy (and most new tenancies will be Assured Shorthold Tenancies), in the absence of breaches of the Tenancy Agreement, the Landlord must give at least two months' written notice to the Tenant. As any Court proceedings based on an invalid notice can be a waste of time and money, we recommend you seek legal advice before serving a notice. Once the notice has expired if the Tenant still does not leave then a Court Order will have to be sought. There is an "accelerated procedure" which dispenses with the need for a hearing in Court, though the procedure is not always as "accelerated" as Landlords would wish. However, assuming all the paperwork is in order, ultimately the Court will issue a Court Order for possession. If this is not obeyed then the bailiffs can be called in to effect an eviction.

Key points for Landlords are:-

If the Tenant is in breach of the terms of the Agreement, which usually means the rent has not been paid or the property has not been properly looked after, then a different set of notices and procedures need to be followed. Ultimately a Court Order is required and we suggest legal advice is obtained at an early stage.

At the end of the fixed period of the tenancy, say the initial six months, both parties might be happy for the Agreement to roll on from month to month, in which case nothing further need be done. However, either the Landlord or the Tenant or both may want the security of knowing both parties are locked in for a further fixed period and therefore you could enter into a fresh Agreement for another six months, or perhaps longer.

Landlords should remember - if you want the tenancy agreement to actually terminate at the end of the fixed period you still need to serve notice at least two months in advance.

When the Agreement does come to an end it is best if there is a joint inspection of the property by the Landlord and Tenant so that any problems can be discussed and agreement can be reached as to the release of all or part of the Tenant's deposit. If this is not possible then Tenants should consider keeping evidence of the state of the property when they leave, for instance a set of photographs. Likewise, Landlords should inspect as soon as possible after the Tenants have left to avoid any argument that somebody else caused the damage to the premises. Again, if you think it is going to be disputed, a few photographs may make all the difference. Both parties need to ensure the utility companies and council tax department are informed.

Tenants should remember that most Landlords are reluctant to release the deposit until the Tenants have actually left. Usually, to find a new rental property the Tenants will need a deposit in advance and so they should therefore accept they may need to fund two deposits for a short period.