Ending a tenancy and unlawful eviction

We understand that tenancies end for a number of reasons, whether it is the landlord or the tenants decision.

Ending a tenancy can be expensive for both landlords and tenants.  We are committed to helping to sustain tenancies where possible.

Negotiations with a tenant may help resolve issues and encourage them to stay, such as: 

• negotiating rent 
• neighbour disputes
• repairs needed. 

We can help tenants get the right support to help sustain a tenancy. Licence holders, landlords or agents, can refer tenants to us but must ask their permission first.

If a tenant still wants to leave the property, they are contractually obliged to give notice in accordance with their tenancy agreement.  

Licence holders, landlords or agents, may wish to be flexible and agree a tenancy end date.

Keeping a good relationship with a tenant as the tenancy comes to an end could ensure the tenancy ends more smoothly. Moving home is often a difficult time even when the person moving has chosen to do it themselves.

If the tenancy is a joint tenancy, only one of the tenants is required to give notice. The tenants might not know this.  

Licence holders, landlords or agents, should try to contact the other tenant(s) living there to make sure they are aware the tenancy is being ended. Sometimes the other tenant(s) may wish to stay. In this case, if agreed, a new tenancy agreement will need to be signed.

Tenant has left without notice

If it is suspected that a tenant has left the property without informing the licence holder, landlord or agent, all reasonable efforts should be made to confirm this. This might include contacting any guarantor or next of kin provided by the tenant. 

We can try to contact the tenant on behalf of the licence holder, landlord or agent. 

The absence of the tenant or the absence of rent payments may not mean they have permanently vacated the property. They may, for example, have been hospitalised or had a personal emergency.  Where appropriate, a section 21 notice may be served.

Licence holder, landlord or agent, want to end the tenancy

If the licence holder, landlord or agent want to bring the tenancy to an end, they are required by sections 8 and 21 of the Housing Act 1988 to serve notice.

Section 8

A section 8 notice can be served if the reason is one of the grounds the legislation determines, these grounds include:

• rent arrears, 
• anti-social behaviour 
• other breaches of tenancy

 The legislation specifies conditions that must be followed to use each ground. A section 8 notice can be served at any time in a tenancy even during the fixed term.

Section 21

If the reason to end the tenancy isn't covered by a section 8 notice, a section 21 notice can be served if the following have been done:          

• the deposit is protected in a registered scheme
• the right information has been provided to the tenant (EPC and how to rent guide)
• gas servicing kept up to date
• a banned fee hasn't been charged

If we have served a notice for repairs or if the licence holder, landlord or agent, should have a licence and haven't applied for one, then a section 21 notice would not be valid. 

Visit GOV.UK, section 21 and 8 notices - evicting tenants (opens new window) for more information, including the up to date copies of both notices.

Tenant support to find alternative housing

As a Local Housing Authority we have a legal duty to assist individuals living within Gateshead threatened with homelessness.

Tenants can contact the Housing Solutions team on 0191 433 3174 for support.

Tenants may mention that we have advised them not to leave the property until a possession order has been obtained through the courts.

We must give tenants advice on their rights under the Housing Act 1988 (opens new window) which gives a tenant the right to remain in a property until they are formally evicted. During this time we can help tenants find permanent accommodation. We can only offer tenants temporary accommodation once they have been evicted.

Avoiding court

Eviction is a legal process. A court order is required to legally end a tenancy, unless the tenant secures alternative permanent accommodation beforehand.

Its important to remember that during this time the tenancy is still continuing. The tenant is required to pay rent and the licence holder, landlord or agent, are required to complete repairs and address any other matters as in the rest of the tenancy.

Under the Protection from Eviction Act 1977 (opens new window), it is a criminal offence for the licence holder, landlord or agent, to harass tenants to leave or to withhold services so that the tenants leave (such as repairs).

It's also a crime if:

• someone does this on behalf of a licence holder, landlord or agent 
• the tenant doesn't have enough notice
• the tenant is evicted without a court order and warrant for eviction 
• an attempt is made to exclude the tenant from the property by changing the locks. 

If the licence holder, landlord or agent cannot manage the eviction a solicitor or a specialist agency should be employed to help.