Ending a statutory regulated tenancy
Even if the landlord and tenant agree to bring the protected tenancy to an end, or if one of them serves a notice to quit on the other, this does not mean that the tenant is required to leave the accommodation. S/he will now have a statutory tenancy. There are set ways for the statutory tenancy to be brought to an end.
If you're advising a client with a regulated tenancy who is at risk of eviction please speak to a specialist housing law solicitor.
Tenant serves notice to quit on the landlord
The tenant may serve a notice to quit on the landlord and will be entitled to leave the accommodation when the notice expires. [1] This notice must be of the duration specified by contract in relation to the protected tenancy (subject to the statutory minimum of 28 days). [2] If no duration was specified in the contract, then the notice must be at least three months long.
It should be noted, however, that even if a statutory tenant serves such a notice but continues to live in the accommodation after the end of the notice, the landlord must still obtain an order for possession before the tenant can be forced to leave. [3]
Landlord wishes to obtain possession
There are limited situations in which a tenant may be forced to leave by an order. The landlord must apply to the First Tier Tribunal Housing and Property Chamber for a possession order. Advisers should note that, when instigating a repossession action, the landlord must follow certain procedural requirements. The tribunal will only grant the order if one of the grounds of possession (called 'cases') is satisfied.
All cases are discretionary. [4] This means that the tribunal will only grant the order if the case is established and it is reasonable to grant the order or, in some cases, that there is suitable alternative accommodation available. [5]
Suitable alternative accommodation is defined in the legislation. [6] In short, the key factors in deciding whether accommodation is suitable are level of security of tenure and the appropriateness of the property to the needs of the tenant and their family. Alternative accommodation may include accommodation owned by the tenant. Where that accommodation is being let to a third party, the tribunal will be required to take into account how reasonable it would be for the tenant to take possession of the property. [7]
In certain circumstances, disabled tenants may be able to defend possession proceedings using the Disability Discrimination Act 1995. For more information, see the page on disability discrimination.
Last updated: 30 September 2022