Category Archives: Ending a tenancy

Ending a tenancy

Ending a tenancy

If you haven’t seen this already (its all over the media), the government is thinking about abolishing section 21s, the main way for landlords to get properties back from tenants. At the moment, there is no legislation, its just something the government are talking about but they do seem serious; so this is an early heads-up only. The BBC have the story here

We would hope that tenancies only ever end by mutual agreement but in the real world, sometimes you have to take formal action to get your property back. We have blogged before on the right way to do this before, but it’s worth a reminder and this new story is a good excuse.

If you need to issue a section 8 or section 21, it’s important to have your paper work in perfect order. If it comes to court and you get even something very minor wrong, you could easily find the judgement goes against you. This happens – don’t get caught out. Make sure even before the tenant moves in that you have everything sorted regarding:

• ‘How to rent’ (The government leaflet you must give your tenant before a tenancy starts).
• Gas safety certificates
• Energy Performance Certificates – up to date and shown to the tenant pre-signing of tenancy.
• Deposits, how to protect them and your various obligations
• Form 6a – how to serve a section 21 and when you can do so.

Make sure that you have all of your actions about anything on this list properly documented and recorded. Also and this should go without saying; make sure that your records on rent payments are in good order and completely up to date. I often see landlords who haven’t got this right.

Finally, (sorry to end on a negative note) although we realise that any landlord likely to read this blog is decent and professional – make sure you avoid any conduct that could be construed as harassment; don’t get provoked! Harassment or illegal eviction can both be criminal offences with severe consequences for landlords who break the law.