Assured Tenancy - Security of Tenure

Security of Tenure

Security of tenure operates in a slightly different way depending on whether the tenancy is a periodic or fixed-term tenancy.

If the tenancy is periodic, it will only come to an end either by an order of the court or by surrender by the tenant.

If the tenancy is a fixed term tenancy, it may be ended either by the effluxion of time automatically expiring, with no need to serve any notice, at the end of the fixed term or, if the tenancy agreement gives the landlord a power to end the tenancy, by the landlord exercising that power. If a fixed term assured tenancy comes to an end in one of these ways but occupation continues, known as holding over, a periodic assured tenancy will from that event be created, known as a statutory periodic tenancy. Security of tenure remains.

In order to regain possession, the landlord may do so only on one of a number of statutory grounds, which are set out in Schedule 2 of the Housing Act 1988. To obtain an order for possession, the landlord must serve a section 8 notice on the tenant, setting out the ground or grounds that are relied on and then, after a period of time that varies depending on the grounds chosen, apply to the court for possession.

Unlawful eviction of a tenant is a criminal offence (under s1 of the Protection of Eviction Act 1977) unless the landlord reasonably believed the tenant was no longer in the premises, is sharing living accommodation with the tenant or is letting the property for holiday purposes.