Assured Shorthold Tenancy Claims

An Assured Shorthold Tenancy (AST) is the most common type of tenancy agreement for the letting of residential homes. An AST usually lasts six months but can last longer. There are certain rules that must be followed by landlords that will make situations easier for them if problems arise during the tenancy and tenants are required to leave.

If you wish to evict a tenant on an AST then you must protect the tenants’ deposit in a government approved scheme, and you must give them a minimum of 2 months to leave.

There are two ways in which a landlord can begin eviction proceedings, these are to;

• Issue a Section 21 notice for eviction after the fixed term has ended
• Issue a Section 8 notice for eviction at any time

You would normally issue a Section 21 notice however, if the tenant has broken their tenancy agreement or has rent arrears then you may issue a Section 8 notice.

If the tenant refuses to leave by the set date issued in the notice then you may apply to the court for a possession order. This can be a complex process and it is advisable to seek legal help to ensure that the process is carried out correctly and legally. It is illegal to try and evict a tenant in any other way and they could quite easily pursue a claim against you in court.

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