An Assured Shorthold Tenancy (AST) is a type of tenancy agreement that is commonly used in the UK that gives the tenant the right to occupy the property for a certain period of time. However, there are times when a landlord may need to evict a tenant. It’s important to understand the grounds for eviction, notice requirements, and court proceedings related to AST evictions.

Grounds for Eviction

As a landlord, you can’t simply evict a tenant without a valid reason. There are two types of grounds for eviction – mandatory and discretionary. Mandatory grounds are situations where the court must grant possession if the landlord can prove that the grounds exist. Discretionary grounds are situations where the court has the discretion to grant possession, depending on the circumstances.

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Examples of mandatory grounds for eviction include:

• Rent arrears of at least two months
• The tenant is in breach of their tenancy agreement
• The landlord wants to sell the property
• Discretionary grounds, on the other hand, are those where a court can choose whether to grant an order for possession, depending on the circumstances of the case.

Examples of discretionary grounds include:

• The tenant has caused a nuisance or annoyance to neighbours
• The tenant has damaged the property
• The tenant has been involved in criminal behaviour

Read up on our full list of grounds for possession here.

Notice Requirements

If you need to evict a tenant, you must give them notice. There are different types of notice that landlords can give, depending on the grounds for eviction. For example, if you’re evicting a tenant for non-payment of rent, you can give them a Section 8 notice. If you’re evicting a tenant because the fixed-term of their tenancy has ended, you can give them a Section 21 notice.

The length of notice required depends on the grounds for eviction and the type of notice being given. For example, a Section 21 notice requires a minimum of two months’ notice. The notice must also contain specific information, such as the grounds for eviction and the date on which the tenant must leave the property. Failing to give proper notice can have serious consequences for landlords, including invalidating the eviction process.

Court Proceedings

If the tenant doesn’t leave the property after the notice period has ended, you may need to take court action to evict them. Court proceedings can be complex, and it’s important to understand what to expect. You’ll need to complete the correct court forms and provide evidence to support your case. The court hearing will take place in front of a judge, who will make a decision based on the evidence presented.

The possible outcomes of a court hearing include the judge granting possession of the property to the landlord, granting possession but delaying the date on which the tenant must leave, or dismissing the case. If the judge grants possession, the tenant must leave the property within a set period of time.

Conclusion

As a landlord, it’s important to understand the process of evicting a tenant where an AST has been used. You need to be aware of the grounds for eviction, notice requirements, and court proceedings. Failing to follow the correct process can have serious consequences, so if you’re unsure about any aspect of the eviction process, seek professional advice. Understanding AST evictions can ultimately help you to protect your property and ensure that you’re able to manage your tenancies effectively.

Everything you need to know about Evictions

• Grounds for Possession; a Landlords Guide
• How to Legally Evict your Tenants: A Landlords Guide
• Understanding Assured Shorthold Tenancy Evictions
• Section 21 Evictions: FAQs

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