7 May 2018
Author: Stephen Breen
You have been lucky enough to find good tenants, they pay their rent on time, they keep the house in good repair, but what if you decide to sell the property. How do you ask good tenants to leave?
The most common types of rental agreement are residential leases such as an Assured Tenancy (AT) or a Short Assured Tenancy (SAT) or, if the agreement was granted after the 1 December 2017, a Private Rented Agreement (PRT).
If your tenants hold an AT or SAT the first thing you need to do is to serve them notice to quit. You should check the lease to decide such things as how much notice you need to give.
The notice to quit should advise the tenant to seek independent legal advice if they are unsure about the legalities of the notice to quit.
If you intend to raise proceedings for possession, you must serve an AT6 or for SATs only, a section 33 notice.
For SATs you can regain possession of the property based on what is known as a ‘no fault’ ground for repossession. For example, a ‘no fault’ possession may be on the grounds that the lease has expired.
For ATs if the tenant does not agree to leave, you can make an application to the First Tier Tribunal for An Order of Possession.
Instruct a solicitor to deal with possession of property
If you are unsure how to proceed with a possession of property, you should instruct a solicitor.
Instructing a solicitor may save you time and money in the long-run. A specialist Landlord and Tenant solicitor will check your tenant’s lease and issue the relevant documents to your tenants.