Now that the fixed term is over a notice to quit can be served
But a notice to quit must:-
be in writing; and
be given at least four weeks before the date it runs out, or longer if the period of the tenancy is longer, and
expire on the last day or the first day of a complete period of the tenancy, for example, if the rent is paid on a Friday, the notice to quit must expire on either a Thursday or Friday.
A notice to quit must include the following information for the tenant in order to be valid:-
that the tenant cannot be evicted until the landlord has got a possession order from the court and that the landlord cannot apply for a possession order until the notice to quit has run out; and
that the tenant can obtain advice and information from a solicitor, a Citizens Advice Bureau, a Housing Aid Centre, a Rent Officer or a Rent Tribunal Office; and
that the tenant may receive help with all or part of the cost of legal help under the legal help scheme.
If the tenant does not leave before/on the specified day & a landlord wishes to evict an assured, assured shorthold or protected tenant, s/he must obtain a possession order from the county court.
Before making a claim for possession, a landlord must issue a valid notice to the tenant stating that possession is required.
The landlord must use the standard Claim form for possession of property (form N5). The landlord must also complete a Particulars of claim (rented property) (form N119). Notes for guidance on completing the particulars of claim form (form N119A) are issued with the form. Copies of all the forms can be downloaded from the Court Service website at www.courtservice.gov.uk.
The accelerated procedure may be used in possession claims involving assured shorthold tenancies,An assured shorthold tenancy will arise where the tenancy and the agreement were made on or after 15 January 1989. However, if the agreement was made on or after this date, but before 28 February 1997, the tenancy can only be an assured shorthold if a notice issued under section 20 of the Housing Act 1988 stating that the tenancy is assured was given to the tenant prior to the tenancy commencing.
The procedure cannot be used if the tenant lived in the property before 15 January 1989, and no agreement should have been entered into before that date.
The courts have the power to order possession of an assured shorthold tenancy without a hearing, if the case meets certain criteria -
To use the accelerated procedure, the landlord may only claim possession of the property and nothing else, for example, arrears of rent.
To use the accelerated procedure the tenancy must:-
be an assured shorthold tenancy which has a written tenancy agreement; or
be a statutory periodic tenancy on the same terms (apart from rent or duration) as the tenancy agreement signed at the start of the original assured shorthold tenancy; or
an oral tenancy agreement concerning the same (or substantially the same) premises which were let to the same tenant and on the same terms (apart from rent or duration) as the original assured shorthold tenancy for which there was a written tenancy agreement.
Before starting possession proceedings, a landlord must have served a valid written notice stating that possession is required under section 21 of the Housing Act 1988 on the tenant. The notice period must be either a minimum of two months or for the same period for which rent is paid (whichever is longer), and should end on the last day of a rental period. Proceedings cannot begin before the expiry of the notice. The notice cannot expire before the end of the fixed term, which covers the first six months of the tenancy.
If the notice is invalid a landlord must issue a new notice which complies with statutory requirements.
Although the landlord cannot begin possession action before the expiry of a valid s21 notice, once the notice has expired, the landlord can commence possession action, even if the initial minimum period of the tenancy has not ended. The court can make a possession order in these circumstances, although the order must not take effect until the minimum six months have passed.
When using the accelerated procedure, the landlord does not have to claim possession on grounds.
If notice is not valid
the county court should not grant possession to the landlord.
HTH