Managing a tenancy - information for landlords

Ending a tenancy

If you want your tenants to leave, you must give them notice in a particular way, including certain information and warnings. This depends on the type of tenancy agreement and its terms.

The advice below is specifically for assure shorthold tenancies, make sure you understand the type of tenancy you have issued before you serve notice.

If you serve the wrong notice and the case goes to court, you could delay the process and incur costs.

In some circumstances, you can take back your property without giving any reason. To do this, all of the following must apply:

you’ve protected your tenants’ deposit in a deposit protection scheme
the date they must leave is at least 6 months after the original tenancy began (the one they signed on first moving in)
they have a periodic tenancy - or they have a fixed-term tenancy, and you are not asking them to leave before the end of the fixed term

Notice periods

You must give your tenants written notice that you want the property back (‘notice to quit’) and the date they must leave. The notice period you give them must be at least 2 months for section 21 notices.

Find more information about what notice you need to give in the ‘Understanding the possession action process: guidance for landlords and tenants’.

If you’re still in the fixed term, you can only ask your tenants to leave if you have a reason for wanting possession that’s in the Housing Act 1988.

Examples of reasons include:

your tenants are behind with rent payments (‘in arrears’)
your tenants have used the property for illegal purposes, for example selling drugs

If there’s a break clause in the tenancy agreement, you can give your tenants notice after this. However, you do not have a guaranteed right to possession during the first 6 months of the tenancy.

Eviction

If your tenant does not leave the property you cannot remove your tenants by force. If the notice period expires and your tenants do not leave the property, you can start the process of eviction (GOV.UK) through the courts.

Retaliatory or revenge eviction

Retaliatory, or revenge, eviction is when a private landlord evicts a tenant who asks for repairs or complains about bad housing conditions.

You cannot give a tenant a Section 21 notice of eviction for 6 months if we have served you with an improvement notice or an emergency remedial action notice.

Illegal eviction

If you do not follow the requirements of the law in ending your tenancy agreement with your tenant as outline above and you forcibly change the locks without proper notice and court action, you are likely to be breaking the law. Cheshire East Council are responsible for investigating any unlawful eviction and where appropriate taking the necessary legal action.

For further details refer to CEC Unlawful Eviction and Harassment Policy (PDF, 270KB) for Private Rented Sector Housing.