Private landlord advice
How to end a Tenancy Legally for Assured Shorthold Tenancies
Section 21 – This is a 'No Fault Eviction Notice' that a Landlord can use for any reason and do not have to give a reason to the tenant(s). You will have to give the tenant(s) 2 months’ notice and it cannot be served in the first 4 months of Tenancy. To serve a Section 21, it must be on a Form 6A. Deposits need to be protected, an EPC, How to Rent booklet and Gas Certificate must have been given at the start of the tenancy. Section 21’s will not be able to be used if your HMO isn’t Licensed. If you serve a Section 21, advise your tenant(s) to contact the Housing Solutions Team at Sandwell Council by phone 0121 368 1166 - option 2 or you can visit any Sandwell Local Offices, so that the team will be able to advise the tenant(s) straight away on how to go forward.
Tenancy Surrender – This usually happens during a Periodic Tenancy (where an initial AST tenancy 'rolls over') and is when the tenant(s) can decide when they want to end their tenancy agreement. They will need to give their Landlord 1 months’ notice, during this period the Landlord has to give the tenant 2 months notice.
Mutual Agreement – This is when both Landlord and tenant(s) agree to end the Tenancy Agreement. This can happen at any time and even a day after the tenancy begins.
Section 8 – This usually happens when a tenant breaches a condition of their Tenancy Agreement and the Landlords would like to evict their tenants(s). The Landlord will have to make sure that he has evidence of the tenant(s) showing that they are not following their Tenancy Agreement. A Section 8 can be served at any time.
Break Clause – The tenant(s) and Landlord can break the Tenancy Agreement early, if agreed by both parties. A Break Clause is commonly used when the Tenancy Agreement is 12 Months.
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