Assured and assured shorthold tenancies—terminating
Assured and assured shorthold tenancies—terminating

The following Property Disputes guidance note provides comprehensive and up to date legal information covering:

  • Assured and assured shorthold tenancies—terminating
  • Definitions
  • Termination by tenant
  • Termination by a landlord
  • Method of landlord termination
  • Surrender
  • Section 8
  • Section 8 mandatory grounds
  • Section 8 discretionary grounds
  • Ground 8 arrears
  • more

This Practice Note explains the different methods of termination by landlords and tenants of assured tenancies (AT) and assured shorthold tenancies (AST), in particular by landlords under HA 1988, ss 8 and 21, including the requirements in respect of serving a notice of possession and evidencing any grounds relied on, the court procedure for possession (depending on whether section 8 or section 21 is relied on) and enforcement of the possession order if required. For information regarding granting AT and ASTs see Practice Note: Assured and assured shorthold tenancies—granting.

Definitions

Listed below are the definitions of terms which are particularly relevant for the purposes of this Practice Note:

  1. Assured tenancy (AT): was the main form of private residential security of tenure from 15 January 1989 until 27 February 1997. Leaving aside termination of the contractual tenancy, the statutory tenancy can only be unilaterally terminated by a landlord using the procedure under HA 1988, s 8 based on one of the mandatory or discretionary grounds in Schedule 2. See: Criteria for assured tenancy (AT) and Section 8

  2. Assured shorthold tenancy (AST): a type of AT with reduced security of tenure which, since 28 February 1997, has been the main form of private residential security of tenure. Leaving aside termination of the contractual tenancy, the statutory tenancy can be terminated