Terminating a Tenancy Agreement
In the event of you wanting to regain full possession of your property, and you want your tenants to leave, you must approach the situation legally in order to have a smooth process.
You must give your tenants notice of your wish for them to vacate, the length of which depends on the type of tenancy you have agreed to. For ASTs, you must give at least 2 months’ notice which is called a ‘notice to quit’, including the date they have to leave by. You can only issue a notice to quit six months from the start date of the original tenancy, and providing you aren’t asking them to leave before the end of the fixed term you initially agreed upon.
If you wish to evict your tenant before the end of the fixed term agreement, the process becomes more complicated. You must have a legitimate reason for doing this, either through extensive rent arrears or if they have broken the terms of their tenancy (this can be by damaging the property, or committing illegal activity within the property).
For excluded tenancies, you only have to give what is legally termed ‘reasonable notice’, which is usually aligned with the way rent payments are made. For example, if your tenant/lodger pays rent on a fortnightly basis, you will need to give them a fortnight’s notice.
If you have a troublesome tenant who refuses to leave the property, it may be a case for the High Court and a bailiff will need to be called. You can learn more about the process of evicting troublesome tenants in this blog post.