Tenancy term has ended

In this situation, and where the landlord has served a valid notice to quit on time (bringing the contractual tenancy to an end), the tenancy becomes a statutory short assured tenancy, [1] and the tenant can remain in occupation until the landlord serves a section 33 notice.

After having given a valid notice to quit, the landlord can give the tenant a section 33 notice at any time, requiring the tenant to leave on the expiry of the notice. If the tenant does not leave on expiry of the section 33 notice, the landlord can apply to the tribunal for an order for possession and is guaranteed to get it. The order for possession has the effect of bringing the statutory short assured tenancy to an end. [2] In such situations, where there is no defence to a recovery action, it may be appropriate to advise the client to make an application as homeless or threatened with homelessness. See the section on homelessness applications for more details.