Have a question?
033 3772 0409

Housing Solicitors

How can I take possession of my flat that is let out on a shorthold assured tenancy? (8 February 2012)

Date: 08/02/2012
Duncan Lewis, Housing Solicitors, How can I take possession of my flat that is let out on a shorthold assured tenancy?

With a shorthold assured tenancy, the tenant has greater security of tenure and he or she cannot simply be evicted from a property. In this respect, an assured tenancy is different from others such as agricultural or business tenancies or those where the landlord is resident in the same property.

Tenancies that did not fall into these other categories were, prior to 1997, assumed automatically to be assured tenancies unless the landlord had specified otherwise in a notice to the tenant. There is no right on the part of the landlord to repossess once the tenancy period has elapsed, and a statutory periodic tenancy will start operating if no alternative tenancy arrangement has been agreed.

The Housing Act 1988 lays down 17 possible grounds for possession by the landlord, and unless one or more of these has been fulfilled then the tenant may remain in the property even when the tenancy period has expired.

For an assured tenant, repossession can only occur legally if one or more of the 17 grounds for repossession have been met. Where some of the mandatory grounds for repossession apply then the court must grant the landlord a possession order. For the other discretionary grounds for possession, the court will make its own decision on whether the grounds for possession quoted by the landlord are sufficient reason. The landlord will also have had to serve notice to the tenant in advance that he intends to go to the courts to seek possession of the property.

The nature of the court process will largely depend on which of the 17 grounds for repossession are being used by the landlord, and for example, an application can be made to a county court for accelerated repossession if grounds 1, 3, 4 or 5 are being used. If repossession is sought during the fixed term of an assured shorthold tenancy agreement then the court must consider that certain grounds apply (2, 8, 10, 15 or 17), and the terms of the tenancy agreement must state that the tenancy can be terminated on these particular grounds.

Since 1997, an assured shorthold tenancy has become the new default tenancy arrangement, and if the landlord wants it recorded as some other tenancy type then they have to give the tenant specific notice of this before the start of the tenancy, or include it in the agreement as a declaration.

The tenant under this type of agreement can apply to have their rent reduced to the rent assessment committee if it is seen to be significantly higher than that of similar accommodation, but also from the landlord’s point of view, there is a significant additional ground for repossession. This allows the landlord to repossess the property at the end of term and at least six months from start of tenancy provided two months notice is given to the tenant.

The laws governing repossession and tenancy agreements can be complex, and you should speak to Duncan Lewis, or other specialist housing solicitors, for detailed information concerning your particular case.


For all Housing related matter contact us now.Contact Us

Call us now on 033 3772 0409 or click here to send online enquiry.
Duncan Lewis is the trading name of Duncan Lewis (Solicitors) Limited. Registered Office is 143-149 Fenchurch St, London, EC3M 6BL. Company Reg. No. 3718422. VAT Reg. No. 718729013. A list of the company's Directors is displayed at the registered offices address. Authorised and Regulated by the Solicitors Regulation Authority . Offices all across London and in major cities in the UK. ©Duncan Lewis >>Legal Disclaimer, Copyright & Privacy Policy. Duncan Lewis do not accept service by email.