Assured Shorthold Tenancy Claims

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, you must give them a minimum of 2 months to leave and have complied with the requirements in relation to the gas safety certificate, energy performance certificate and the electrical certificate if appropriate.

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.

Get in Touch

Duncan Lewis advises landlords get in touch as soon as possible in cases involving ASTs and the different types of notices required to be able to lawfully evict a tenant. Our expert lawyers in our Housing Law Team can provide legal advice on Section 21 and Section 9 notices and all other aspects of the eviction and possession process. We can also advise on cases where a tenant does not leave by a the due date, in which case it may be required to apply to the court for a possession order to be able to evict the tenant. We can also advise on dispute resolution and mediation as alternatives to court action in AST disputes.

If you are a landlord and want to evict a tenant with an AST you should get in touch with one of our expert Housing Lawyers.

For expert legal advice on AST matters and possession orders, do not hesitate to contact one of our dedicated Duncan Lewis Housing Solicitors as soon as possible on 033 3772 0409.