Q: HOW do I go about successfully gaining possession of my property which is currently let on an AST?

A: Over the following few weeks I thought that I would give you a step by step guide to possession for properties let within the Stroud area on Assured Shorthold tenancy Agreements (AST).

Procedures must be followed correctly as errors in service will result in the notice becoming invalid and the courts throwing the case out.

You may also be guilty of harassing or illegally evicting your tenants.

Assured shorthold tenancies fall into two types:

1) ‘periodic’ tenancies - run typically monthly until notice is given or

2) fixed-term tenancies - run for a set period of time.

The process to follow is to serve a Section 21 notice if you want the property back after a fixed term ends/in a periodic term or to give them a Section 8 notice if they have broken one or more of the terms of the tenancy agreement.

To do this you can apply to the court for a standard possession order if your tenants don’t leave by the date specified on the notice and they owe you rent or you can apply for an accelerated possession order if you are not claiming any unpaid rent.

Once you have a possession order and they still fail to leave then you will need to return to court to apply for a warrant for possession which involves a bailiff who will be able to remove the tenants with police assistance if required.

Please be aware that you are unable to issue a Section 21 notice if:

It is at least four months since the tenancy stated;

The fixed term has not yet ended, unless there is a clause in the contract which allows you to do this;

The property is categorised as a house in multiple occupation (HMO) and doesn’t have an HMO licence granted by the local council;

The council has served an improvement notice on the property in the last six months;

The council has served a notice in the last six months that says it will do emergency works on the property or the tenancy started after April 2007 and you haven’t put the tenants’ deposit in a deposit protection scheme.

These exclusions assume that you have already provided your tenant(s) with the Energy Performance Certificate, a current gas safety certificate and the government’s ‘How to Rent’ guide.

For tenancies started or renewed after September 30, 2015, you need to complete a form 6A.

This is prescribed information.

If before this date you can just write a letter, though with periodic tenancies you do need to draw reference to Section 21 of the Housing Act 1988.

Your notice must be at least two months.

Be sure to keep your proof of service which may need to be served by specified times as detailed in the tenancy agreement.

You can also complete an N215, certification of service form.

If the tenant(s) does not vacate at the end of the notice period you can apply for an accelerated possession order.

Please continue to send in your letting related questions to steven@sawyersestateagents.co.uk