Assured shorthold tenancy agreements ‘assure’ landlords that they can regain possession of their properties at the end of those agreements, or, if they have been allowed to run on as ‘periodic tenancies’, during the periodic tenancy.

This does not mean landlords can take matters into their own hands and make tenants leave by force. Far from it. The Protection from Eviction Act 1977 makes it an offence, punishable for up to two years in jail, and/or a fine, for a landlord to:

• commit acts likely to interfere with the peace or comfort of a tenant or anyone living with them
• persistently withdraw or withhold services for which the tenant has a reasonable need to live in the premises as a home
• make a tenant leave their home, or stop using part of it
• do anything that stops a tenant doing the things they could normally expect to do
• take someone’s home away from him or her unlawfully.

To gain possession landlords must follow some well-defined steps, issuing possession claims in the courts.

The starting point for gaining possession legally either when or after a fixed-term tenancy has run its course, is for the landlord to issue the tenant with what is usually referred to as a ‘section 21’ (referring to section 21 of the Housing Act 1988   notice to quit.

This notice must be in writing and allow at least two calendar months from the date the tenant receives the notice before possession is required. If the tenancy is fixed term, the notice may not require the tenant to quit the property less than six months after moving in, or, if the tenancy agreement specifies a longer fixed term period, before the end of that period or before the date of any break clause in the tenancy agreement (as long as this is after at least six months). Notices may not be issued before tenancies commence.

There is no particular form of wording required. However, The Notices to Quit etc. (Prescribed Information) Regulations 1988 (www.opsi.gov.uk) require inclusion of a statement that:

1.         If the tenant or licensee does not leave the dwelling, the landlord or licensor must obtain an order for possession from the court before the tenant or licensee can lawfully be evicted. The landlord or licensor cannot apply for such an order before the notice to quit or notice to determine has run out.

2.         A tenant or licensee who does not know if he or she has any right to remain in possession after a notice to quit or a notice to determine runs out can obtain advice from a solicitor. Help with all or part of the cost of legal advice and assistance may be available under the Legal Aid Scheme. He or she should also be able to obtain information from a Citizens’ Advice Bureau, a Housing Aid Centre or a rent service.

Notices can be delivered in person or by post. Landlords should retain copies and any proof of delivery, such as special delivery slips.

Should a tenant, having received proper notice, not give up possession by the specified date, the landlord will be obliged to issue possession proceedings in the County Court using form ‘N5: Claim form for possession of property’. This can be obtained online from the Court Service website (www.hmcourts-service.gov.uk).  Provided the notice has been issued correctly, the Housing Act requires the court to grant possession.

Should the tenant still not move out, the landlord can apply for a ‘warrant of execution’ (meaning an order that court order be enforced - not a licence to kill troublesome tenants!) – using form ‘N325: Request for warrant for possession of land’ (also obtainable from the Court Service website), whereby bailiffs will be appointed who will oblige the tenant to leave.

Landlords can also seek to regain possession of their property during the course of assured and assured shorthold tenancies if particular circumstances arise – including, for example, rent falling into arrears. The reasons are listed in the 1988 Housing Act as various “grounds” for possession).

Mandatory grounds on which the court must order possession are:

Ground 1: (a prior notice ground) The property was previously the landlord’s only or main home. Or, so long as the landlord or someone before him or her did not buy the property after the tenancy started, the landlord (or landlord’s spouse) requires it to live in as his or her main home.
Ground 2: (a prior notice ground) The property is subject to a mortgage which was granted before the tenancy started and the lender, usually a bank or building society, wants to sell it, normally to pay off mortgage arrears.
Ground 3: (a prior notice ground) The tenancy is for a fixed term of not more than 8 months and at some time during the 12 months before the tenancy started, the property was let for a holiday.
Ground 4: (a prior notice ground) The tenancy is for a fixed term of not more than 12 months and at some time during the 12 months before the tenancy started, the property was let to students by an educational establishment such as a university or college.
Ground 5: (a prior notice ground) The property is held for use for a minister of religion and is now needed for that purpose.
Ground 6: The landlord intends to substantially redevelop the property and cannot do so with the tenant there. This ground cannot be used where the landlord, or someone before him or her, bought the property with an existing tenant, or where the work could be carried out without the tenant having to move. The tenant’s reasonable removal expenses, as assessed by the court, will have to be paid by the landlord.
Ground 7: The former tenant, who must have had a contractual periodic tenancy or statutory periodic tenancy, has died in the 12 months before possession proceedings started and there is no one living there who has a right to succeed to the tenancy.
Ground 8: The tenant owed at least two months’ rent if the tenancy is on a monthly basis or 8 weeks’ rent if it is on a weekly basis, both when the landlord gave notice seeking possession and at the date of the court hearing.
Discretionary grounds on which the court may order possession
Ground 9: Suitable alternative accommodation is available for the tenant, or will be when the court order takes effect. The tenant’s removal expenses will have to be paid.
Ground 10: The tenant was behind with his or her rent both when the landlord served notice seeking possession and when he or she began court proceedings.
Ground 11: Even if the tenant was not behind with his or her rent when the landlord started possession proceedings, the tenant has been persistently late in paying the rent.
Ground 12: The tenant has broken one or more of the terms of the tenancy agreement, except the obligation to pay rent.
Ground 13: The condition of the property has got worse because of the behaviour of the tenant or any other person living there.
Ground 14: The tenant, or someone living in or visiting the property:
(a) has caused, or is likely to cause, a nuisance or annoyance to someone living in or visiting the locality; or
(b) has been convicted of using the property, or allowing it to be used, for immoral or illegal purposes, or an arrestable offence committed in the property or in the locality.
Ground 15: The condition of the furniture in the property has got worse because it has been ill treated by the tenant or any other person living there.
Ground 16: The tenancy was granted because the tenant was employed by the landlord, or a former landlord, but he or she is no longer employed by the landlord.
Ground 17: The landlord was persuaded to grant the tenancy on the basis of a false statement knowingly or recklessly made by the tenant, or a person acting at the tenant’s instigation.

A prior notice ground means that the landlord must have notified the tenant in writing before the tenancy started that he or she might seek possession on this ground.

The landlord must serve notice seeking possession of the property on the tenant before starting court proceedings. He or she must give the following amount of notice:
(a) for grounds 3, 4, 8, 10, 11, 12, 13, 15 or 17 – at least two weeks;
(b) for grounds 1, 2, 5, 6, 7, 9 and 16 – at least two months.
If the tenancy is on a contractual periodic or statutory periodic basis, the notice period must end on the last day of a tenancy period. The notice period must also be a least as long as the period of the tenancy, so that three months’ notice must be given if it is a quarterly tenancy.

For ground 14 from 28 February 1997 – the landlord can start proceedings as soon as he or she has served notice.

Again, notice must be given before any court action can be taken (‘Section 8’ notice) – usually two weeks’ notice, but sometimes two months’ (see below). Notice must be in the prescribed form as set out by the Assured Tenancies and Agricultural Occupancies (Forms) Regulations 1997 (www.opsi.gov.uk).

If the circumstances justifying the grounds cited in the notice have not changed by the expiry of the notice period, County Court proceedings can be issued using form N5 ‘Claim form for possession of property’ and N119 ‘Particulars of claim for possession (rented residential premises)’. Some of the grounds require the court to grant possession, some allow it discretion in the matter.

There is nothing to stop a landlord citing more than one of the grounds for requiring possession – say, ground 8, the tenant owes at least two months’ rent; and ground 9, the tenant was behind with his or her rent, both when the landlord served notice seeking possession and when he or she began court proceedings.

In less complicated cases involving assured shorthold tenancies there is what is supposed to be a quicker method of gaining possession which may avoid the need for a court hearing. The ‘Accelerated Possession Procedure’ limits claims to possession and the cost of making the application and cannot be used, for example, to claim for rent arrears – although the small claims court can still be used for this.

The court will normally make its decision by looking at the written evidence provided by the landlord and the tenant – which means special care is needed in making sure all relevant evidence is included with the claim.

Accelerated possession procedures can be brought using form 5b: ‘Claim for possession (accelerated procedure)’. The form and guidance on the procedure are available on the HM Court Service website www.hmcourts-service.gov.uk.