If you`re a landlord or a tenant, you may have heard of a shorthold tenancy agreement. This type of tenancy is the most common in the UK and is often used for private rented properties. However, there may be times when a shorthold tenancy agreement needs to come to an end. In this article, we`ll explore the various ways a shorthold tenancy agreement can be ended and the steps that need to be taken.
Firstly, it`s important to understand what a shorthold tenancy agreement is. This type of agreement is a legal contract between a landlord and a tenant. It outlines the terms and conditions of the tenancy, including the rent amount, the length of the tenancy, and the responsibilities of both the landlord and tenant. A shorthold tenancy agreement can be for a fixed term, typically six or twelve months, or it can be periodic, meaning it rolls on a monthly basis.
Now, let`s take a look at the different ways a shorthold tenancy agreement can be ended.
Ending a fixed-term shorthold tenancy agreement
If the shorthold tenancy agreement is for a fixed term, the tenancy will automatically come to an end on the last day of the agreement. However, if both the landlord and tenant wish to extend the tenancy, they can agree to a new fixed-term agreement or a periodic tenancy.
If either the landlord or tenant wants to end the tenancy before the fixed term is up, they`ll need to give notice. The landlord can end the tenancy by serving a Section 21 notice, which is a notice requiring the tenant to leave on the last day of the fixed term. The tenant can end the tenancy by serving a Section 8 notice, which is a notice giving grounds for eviction, such as rent arrears or anti-social behavior.
Ending a periodic shorthold tenancy agreement
If the shorthold tenancy agreement is periodic, it will continue on a rolling basis until either the landlord or tenant gives notice. The landlord can end the tenancy by serving a Section 21 notice, which requires the tenant to leave after a certain period of time, usually two months. The tenant can end the tenancy by serving a notice to quit, which gives at least one month`s notice.
If the landlord wants to evict the tenant before the end of the notice period, they`ll need to apply to the court for a possession order. This can be a lengthy process and should only be used as a last resort.
In conclusion, ending a shorthold tenancy agreement can be a complex process, but by following the correct procedures, you can ensure a smooth transition. Remember, communication is key, and both the landlord and tenant should be open and honest throughout the process. If you`re unsure about any aspect of ending a shorthold tenancy agreement, it`s always best to seek professional advice.