Regaining vacant possession at the end of an investment term

This blog sets out the process involved in regaining possession of a tenanted property before putting the property for sale on the open market.

All residential properties are let on a fixed term Assured Shorthold Tenancy (‘AST’) agreement, typically for six months but sometimes for longer periods.

Following the expiry of tenancy, and assuming a new agreement is not entered into, the tenant automatically moves to a monthly rolling term whereby either party can serve notice on the other to end the arrangement.

By voting to exit a property and remove the tenant, the process is to work with the tenant to help them move out as quickly as possible.

If the AST has expired, we would serve notice on the tenant and agree on a date for them to move out (working with them where needed in, for example, the case of social tenants). This gives them at least 2 months’ notice.

If the tenant is in the middle of the term of their AST, the tenant will be contacted and told that we intend to end the tenancy after the term. If the tenant chooses to leave ahead of the term, that will be accepted in view of seeking to gain possession as quickly as possible.

If not, the tenant will remain until the expiry of the pre-agreed term. As a minimum, the tenant will be given 2 months’ notice as required.


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