Handling a Breach of Tenancy Agreement as a Landlord  

A third of all households in Greater Manchester live in private rented accommodation, Manchester City Council reported following the last census. Many of these tenancies will be problem-free, but most landlords will encounter a broken contract at some point.  

According to Direct Line, 83% of landlords have experienced tenancy breaches, with outstanding rent, lack of cleanliness and keeping a pet in the property ranking among the most common reasons. There’s no ‘one size fits all’ solution, but responding well may help you resolve the issue without unnecessary costs. Handling a contract breach well can also pave the way for legal action to run smoothly, should you need it.  

If you rent out a property in Norden, Royton, Milnrow or Oldham, read on to find out how to respond to a breach of tenancy agreement. 

What is a breach of tenancy agreement?  

If your tenants rent under an assured shorthold tenancy, they’re expected to follow the tenancy agreement’s clauses – if they don’t, this is a breach of tenancy agreement. However, landlords must respect their rights as well, otherwise this can constitute a breach in its own right and tenants can challenge  

Examples of a breach in tenancy agreement  

A common breach of a tenancy agreement could be: 

• Pets – Keeping pets without permission 
• Subletting – Tenants subletting the rental property or space within it 
• Damage to the property – Wear and tear is to be expected, but damage by the tenant or their guests is unacceptable 
• Not reporting repairs – Left untended, these can worsen over time 
• Anti-social behaviour – Upsetting neighbours, causing noise nuisance or vandalism. 
• Rent arrears – Failing to pay rent  

Breach of tenancy agreement by tenant – how to respond  

We have provided an idea of what to expect when you deal with a breach of tenancy agreement, but it’s crucial to speak to a legal specialist before taking action. Otherwise, you could find yourself in trouble with the law. 

1 Record communication  

Keep records of all emails and letters sent to the tenant from the start of the process. If you have other evidence, hold onto it – for example, contact from neighbours about anti-social behaviour, and photos of damage you’ve noticed during a property inspection. 

2 Identify the breach  

Work out exactly which clause the tenants have breached, and the severity of it. There can be nuance, for example, a lock change is a breach of tenancy agreement if the tenants don’t have a legitimate reason. If the lock was broken but the landlords has failed to call a locksmith to fit a replacement promptly, the situation is less clear-cut. 

3 Notify the tenant  

Contact the tenant about the breach of tenancy agreement. Write to the tenant informing setting out all the information, and bear in mind that you may resolve the situation amicably. But this will not always be possible. 

Your next course of action is to send a formal notice of the breach of tenancy agreement and demanding that the breach is put right, if applicable – for example, that outstanding rent is paid. State that you will have to take legal action if the tenants refuse to cooperate. 

4 Attempt mediation  

Taking your tenants to court and applying for an eviction notice can be costly – mediation can offer remedies for breach of tenancy agreement. With any luck, this resolves the issue without the landlord having to go to court.  

5 Get legal advice  

Check your landlord insurance policy as you may be able to make a claim, and seek legal advice about the options option to you. They can advise on the best court of action, including how to seek possession or pursue compensation for damages. Gov.uk share trusted ways to find legal advice here. 

6 Evict the tenant (if necessary)  

If it comes to it, you can begin the eviction process by serving them an order for possession. A Section 8 notice is commonly used if they’ve broken the tenancy agreement. Depending on the breach and how serious it is, you can give between 2 weeks’ and 2 months’ notice for them to leave the property.  

Alternatively, you can serve a ‘no fault’ Section 21 notice for a periodic tenancy or after a fixed term has ended, but you must give 2 months’ notice. If they don’t leave on the given date, you can seek a court order to evict them. To do this, you will need to present evidence of the breach of tenancy agreement and your landlord and tenant communications, showing that you’ve given notice correctly. That’s why it’s crucial to keep records throughout. 

Handling a breach of tenancy agreement is never pleasant, but knowing which steps to follow can make it less daunting. If you are a landlord in the Oldham or Tameside areas, speak to Cowell Norford. Contact us today to discuss your rental property. 

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