Q&As

A landlord let a property to tenants on an assured shorthold tenancy on 4 May 2015 for a fixed term of six months. Rent is paid on the 4th day of the month. No deposit was taken. There has been no default on the part of the tenants. Unfortunately, there was no written tenancy agreement. My clients need to recover possession. I presume they can serve a section 21(1)(b) notice expiring at the end of the fixed term. Should they then use the standard possession procedure? I have only used this procedure where there has been a section 8 notice. I know they cannot use the accelerated possession procedure, as there is no written agreement

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Published on LexisPSL on 06/08/2015

The following Property Disputes Q&A provides comprehensive and up to date legal information covering:

  • A landlord let a property to tenants on an assured shorthold tenancy on 4 May 2015 for a fixed term of six months. Rent is paid on the 4th day of the month. No deposit was taken. There has been no default on the part of the tenants. Unfortunately, there was no written tenancy agreement. My clients need to recover possession. I presume they can serve a section 21(1)(b) notice expiring at the end of the fixed term. Should they then use the standard possession procedure? I have only used this procedure where there has been a section 8 notice. I know they cannot use the accelerated possession procedure, as there is no written agreement

Fixed-term oral tenancies can be created so long as the fixed term is less than three years. Accordingly, this is likely to be a fixed-term assured shorthold (AST) tenancy rather than a periodic one.

Therefore, assuming that the tenancy otherwise fulfils the requirements of being an assured shorthold tenancy, and does not fall within the various exemptions (please see the Related Document fr

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