Ending a Tenancy - Rent Act Tenancies

Some types of tenancy do not fall within the statutory code set up by the Housing Act 1988, and different rules for possession apply in these cases. These are mainly tenancies protected under the Rent Act 1977 and contractual tenancies (for example, residential lettings to companies or where the annual rent exceeds £100,000). These can be complex, and a landlord should obtain specialist legal help.

Rent Act tenants are difficult to evict because they have long-term security of tenure. Generally, they can only be evicted if they are in rent arrears or if suitable alternative accommodation is provided for them.

If a rent act tenant is in arrears of rent

It is possible to bring proceedings for possession on the basis of nonpayment of rent. In bringing these proceedings, there is no need to serve any form of notice on the tenant first (although it is advisable to warn the tenant that possession proceedings are imminent if they do not pay). However, the judge has the power to suspend or stay the order as they think fit.

If a rent act tenant is not in arrears of rent

The only other ground for eviction that has any chance of success is the availability of suitable alternative accommodation to the tenant. Note that the accommodation must be on a protected tenancy (which will be the case if the suggested accommodation is to be provided by the same landlord) or equivalent (if provided by another landlord). Offering a tenancy on an assured basis will not be sufficient.

There is a substantial body of case law on ‘suitable alternative accommodation’, and a landlord considering using this ground is advised to seek legal advice, particularly before buying any replacement property.