Honourable and personal residential letting experts

Our tenancy agreements include a list of things that tenants should not do, which covers most issues which may be a problem to a landlord or their neighbours e.g. not paying rent, no smoking, no unauthorised pets, preventing damage to the property, preventing noise which is a nuisance to neighbours. 

If a tenant does not comply with one of these terms they are technically in breach of the tenancy agreement. 

Where this happens they are usually relatively minor issues which we successfully address through a conversation with the tenant and a notice to warn them to improve their behaviour.

If the tenant continues to breach their agreement then the options are available depend on the tenancy term.

If the tenancy is a rolling Statutory Periodic Tenancy, or a fixed term Assured Shorthold Tenancy which is near the end of its term, then most landlords ask us to serve a Section 21 “no fault” notice to end the tenancy.

However ending a fixed term Assured Shorthold Tenancy early needs a Court order. The Court will consider your reason for wanting to end the tenancy early, so you need clear and robust evidence that the tenants have significantly breached their tenancy agreement.

It usually requires the support of a solicitor to get a court order to end a tenancy for a breach. However if you have Legal Expenses and Rent Protection Cover, your insurer may cover these costs

As Section 21 “no fault” notices are simple and effective, landlords rarely decide to take a tenant to court for breach of tenancy. However the Government have said they will prevent landlords from issuing these “no fault” notices in future, in which case, court action will be needed.

The good news is serving a properly constructed Section 21 notice in the right way to get vacant possession of your property at the end of a fixed term tenancy, or after the defined notice in a rolling tenancy, almost always results in the tenants leaving the property when due. In the few cases where tenants do not leave after such notice it is possible to seek a court order for possession without proving any breach of tenancy.

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