In the 1960s, 70s, even 80s, tenants had started to acquire a considerable degree of security of tenure. The situation was such that prospective landlords would not let their (empty) premises for fear that they would never regain possession of them. The Government of the day introduced the Housing Act 1985 which made provision for shorthold tenancies which meant that, upon the landlords giving the required notice, they could recover possession. The 1988 Housing Act consolidated this and such tenancies became Assured Shorthold Tenancies (ASTs). Accordingly, the position has been much safer for landlords since then but is still not without its difficulties.
What to watch for are:-
The problem with getting any of these requirements wrong is that a court will throw out a claim for possession, leaving landlords having to serve a fresh two month Notice, effectively having to start all over again and losing valuable time.
Note the two month Notice should not be confused with notices that can be given to recalcitrant tenants who do not pay their rent or do not abide by their covenants when a different form of notice and procedure should be used.
To guard against falling unwittingly into some of these traps, it is always advisable to obtain specialist advice. AMD are pleased to advise in these situations and contact can be made with Chris Brown at our office at 2 Station Road, Shirehampton, Bristol BS11 9TT (telephone 0117 9235562) or John Todd at our office at 100 Henleaze Road, Bristol BS9 4JZ (telephone 0117 9621205).
This article is provided for general information purposes only and represents our understanding of the relevant law and practice as at the date of uploading. This article should not be relied upon as legal advice pertaining to any specific factual situation. Legal decisions should be made only after proper consultation with a legal professional of your choosing.Back to Index