Ending a Tenancy as a Landlord in Rochdale & Manchester

Whether you want to sell your property or your tenants have breached the terms of the tenancy agreement, you will need to regain possession of your property in accordance with several sets of legislation.

Whatever your reason is for ending a tenancy, it can be a complicated process and there are rules that must be followed.

To ensure that you follow the correct procedures, follow this guide on ending tenancies for landlords in Bury, Oldham and Rochdale.

When Should You End A Tenancy?

There are several reasons why you might choose to end a tenancy. For example, you might have decided to sell the property or you might want to evict problematic tenants.

With the upcoming Renter’s Rights Bill coming into force soon, there are some important changes to be aware of regarding the processes involved in ending a tenancy. Currently, landlords can issue ‘no fault’ evictions under a Section 21 notice but this will no longer be the case in the future.

Ending a tenancy where a tenant has breached the terms of their contract include:

• Rent arrears
• Anti-social behaviour
• Engaging in prohibited behaviour

Can You End A Tenancy Early?

Yes, there are some circumstances where landlords can legally end a fixed term tenancy early. If there is a break clause in the tenancy agreement, or the tenant has breached the terms of the tenancy agreement, landlords can exercise their right to end the tenancy.

However, it is important that landlords follow the correct legal procedures when doing this. The process to follow is detailed in the sections below. For a periodic tenancy, landlords can service written notice, known as ‘notice to quit’ to instruct tenants to leave the property.

How Are The Rules Changing With The Renters’ Rights Bill?

The Renters’ Rights Bill will introduce significant changes to the private rented sector, including the abolishment of section 21 evictions. The bill is expected to become law by the end of 2025 or early 2026 and landlords will need to be up to speed with all the changes included in the new legislation.

In regard to ending a tenancy, private landlords will no longer be able to use Section 21 notices for no fault evictions. Therefore, in circumstances where the landlord wants to end a tenancy due to personal reasons, such as selling the property or moving into it, a Section 8 notice will be the route to regain possession of the property.

What Is The Process For Ending A Tenancy?

The correct process for ending a tenancy depends on the type of tenancy agreement. These are the steps to take for assured shorthold tenancies:

1. Choose the correct notice to end a tenancy

The first step to ending a tenancy is to choose which type of notice to use. Before the Renters’ Rights Bill comes into effect, there are two options:

• Section 21 notice – A Section 21 notice allows evictions without providing a reason. If a landlord wants to regain possession to sell the property or move into it, a Section 21 notice can be used.
• Section 8 notice – A Section 8 notice can be served if the tenants have breached the terms of the tenancy agreement, such as not paying rent.

2. Fill out and submit the notice

Once you have selected the right notice to serve, the next step is to complete the relevant form. For a Section 21 notice, landlords should complete Form 6A, and for a Section 8 notice, Form 3 is used. For a Section 8, the landlord will need to include the grounds for eviction, which are numbered 1 to 17. The notice period for a Section 8 will be determined by the grounds for possession.

3. Wait for the notice period to lapse

A Section 21 notice requires landlords to provide at least two months’ notice. For Section 8, the notice period varies depending on the grounds. For example, rent arrears possession require at least two weeks’ notice. Landlords must wait for the notice period to lapse to see whether the tenant vacates the property.

4. Seek a possession order from the courts (when necessary)

In the situation where a tenant has not moved out by the given notice period, the next step a landlord can take is to seek a possession order from the courts. If a court order for possession is granted, court bailiffs can carry out the eviction.

If the eviction has to go to court, if the landlord has followed all the correct procedures, the outcome is likely to be in their favour. However, if any legislation has been breached by the landlord, the courts could penalise the landlord. For example, if the landlord has threatened the tenant or changed the locks, this could lead to prosecution. The courts could also decide that the tenants can continue to live in the property for a set period of time.

This is why it is essential that landlords follow the correct steps detailed in this guide and that everything is done in compliance with the relevant legislation, such as the Housing Act 1988.

Know how to end a tenancy as a landlord?

Cowell Norford provides letting services to landlords in Royton, Saddleworth and other areas of north Manchester and Rochdale, including support with ending tenancies. Please contact us if you have any queries about any aspect of lettings management.

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