Short assured tenants
A short assured tenancy always lasts a fixed length of time – at least 6 months.
When this runs out it can either renew itself for another fixed length of time or can continue on a month by month basis.
If you have a short assured tenancy and your landlord wants to evict you, the process depends on whether your tenancy has (or is about to) run out.
If your tenancy has not run out
If your landlord wants to evict you before your tenancy runs out, the eviction process is the same as if you were an assured tenant.
Your landlord has to:
- send you a 'notice to quit'
- send you a 'notice of proceedings'
- tell the First-Tier Tribunal Housing and Property Chamber (the Tribunal) they want to evict you
If your tenancy has not run out but your landlord has certain grounds to evict you, they do not have to send you a notice to quit – they can just go straight to the notice of proceedings.
If your tenancy has run out
Once your tenancy ends, your landlord can evict you without having to give any reason.
Before they can do this, they still have to:
- give you a 'notice to quit'
- give you at least two months' notice in writing that they want the home back – this is called a section 33 notice
If you do not leave by the end of this notice period, the landlord will have to tell the Tribunal that they want to evict you.
If you've received the correct notices and notice periods, the Tribunal will grant an eviction order. If you choose to stay, sheriff officers can come to remove you from the property.
During coronavirus, the First-tier Tribunal has issued an announcement that hearings and case management discussions have been postponed for the time being. You should check the First-tier Tribunal website for updates on the current situation.
Section 33 notice
If you have a short assured tenancy and the landlord wants you to move out of the home after it runs out, they have to send you a section 33 notice as well as the notice to quit.
This should be a letter that:
- gives you at least 2 months' notice
- tells you the landlord wants possession of the home
- tells you that once the notice runs out the landlord still has to get an eviction order from the Tribunal before you have to leave
- includes information on where you can get advice
If your landlord wants you to move out on the day your tenancy runs out, they have to send you the section 33 notice 2 months in advance. They cannot make you leave any sooner than this.