Ending the tenancy

Tenants cannot be forced to leave a property, even at the end of a tenancy. They must either surrender the premises voluntarily or the court must order them to do so; anything else is a breach of the tenant's rights under the Protection from Eviction Act 1977 and is a criminal offence.

This section details the procedures that may be the most effective way to regain possession even if the tenant is in breach of contract and may provide protection against any claims for unlawful eviction.

To regain possession by alleging a breach you need proof of the breach, identifying whether or not the breach can be remedied and, depending on its seriousness, you may need to persuade the court that it is reasonable to make a possession order. Sometimes it may be more cost effective to wait for the end of the contractual term or exercise a break option to remove the tenant, avoiding a drawn-out sequence of court appearances where all the aspects of the case must be argued over.

This section covers the means of bringing tenancies to an end where the tenant is not in rent arrears or otherwise in breach of contract. Situations where the tenant is in breach of contract are covered in Dealing with problems.

This section is maintained by Tamanna Begum of Anthony Gold Solicitors.