ENDING THE TENANCY. This Tenancy may be ended by:- • The Tenant giving notice to the Landlord o The Tenant giving the Landlord at least 28 days’ notice in writing to terminate the tenancy, or an earlier date if the Landlord is content to waive the minimum 28 day notice period. Where the Landlord agrees to waive the notice period, his or her agreement must be in writing. The tenancy will come to an end on the date specified in the notice or, where appropriate, the earlier date agreed between the Tenant and Landlord. To end a joint tenancy, all the Joint Tenants must agree to end the tenancy. One Joint Tenant cannot terminate the joint tenancy on behalf of all Joint Tenants. • The Landlord giving notice to the Tenant, which is only possible using one of the 18 grounds for eviction set out in schedule 3 of the Act. This can happen either:- o By the Landlord giving the Tenant a Notice to Leave stating one or more of the eviction grounds, and the Tenant choosing to leave. In this case, the tenancy will come to an end on the day specified in the Notice to Leave, or the day on which the Tenant actually leaves the Let Property, whichever is the later. o By the Landlord giving the Tenant a Notice to Leave stating one or more of the eviction grounds and then, if the Tenant chooses not to leave on the day after the notice period expires, subsequently obtaining an eviction order from the Tribunal on the stated eviction ground(s). In this case, the tenancy will come to an end on the date specified in the eviction order. The Landlord can bring the tenancy to an end only if one of the 18 grounds for eviction apply. If the Landlord serves a Notice to Leave on the Tenant, he or she must specify which eviction ground(s) is being used, and give the reasons why they believe this eviction ground applies. If the Landlord applies to the Tribunal for an eviction order, the Tribunal will ask the Landlord to provide supporting evidence for any eviction ground(s) being used. The amount of notice a Landlord must give the Tenant will depend on which eviction ground is being used by the Landlord and how long the Tenant has lived in the Let Property. The Landlord must give the Tenant at least 28 days’ notice if, on the day the Tenant receives the Notice to Leave, the Tenant has been entitled to occupy the Let Property for six months or less, or if the eviction ground (or grounds) that the Landlord is stating is one or more of the following. The Tenant: is not occupying the Let Property as his or her only or principal home has breached the tenancy agreement is in rent arrears for three or more consecutive months has a relevant criminal conviction has engaged in relevant antisocial behaviour has associated with a person who has a relevant conviction or has engaged in antisocial behaviour. The Landlord must give the Tenant at least 84 days’ notice if, on the date the Tenant receives the Notice to Leave, the Tenant has been entitled to occupy the Let Property for over six months and the Notice to Leave does not rely exclusively on one (or more) of the eviction grounds already mentioned in this paragraph. The Landlord must secure repossession only by lawful means and must comply with all relevant legislation affecting private residential tenancies. SCHEDULE 3 TO THE ACT – EVICTION GROUNDS Schedule 3 sets out the 18 grounds under which a Landlord may seek eviction. Mandatory Eviction Grounds If the Tribunal is satisfied that any of the mandatory eviction grounds exists, it must issue an eviction order. The eight mandatory grounds are: • The Landlord intends to sell the Let Property for market value within three months of the Tenant ceasing to occupy it. • Let Property to be sold by the mortgage lender. • The Landlord intends to refurbish and this will entail significantly disruptive works to, or in relation to, the Let Property. • The Landlord intends to live in the Let Property as his or her only or principal home. • The Landlord intends to use the Let Property for a purpose other than providing a person with a home. • The Let Property is held for a person engaged in the work of a religious denomination as a residence from which the duties of such a person are to be performed; the Let Property has previously been used for that purpose; and the Let Property is required for that purpose. • The Tenant is not occupying the Let Property as his or her only or principal home or has abandoned the Let Property. • After the start date of the tenancy, the Tenant is convicted of using, or allowing the use of, the Let Property for an immoral or illegal purpose, or is convicted of an imprisonable offence committed in or in the locality of the Let Property. The application must usually be made within 12 months of the Tenant’s conviction. Discretionary Eviction Grounds: Even if the Tribunal is satisfied that a discretionary ground exists, it will still have discretion on whether to issue an eviction order. The eight discretionary grounds are: • A member of the Landlord’s family intends to live in the Let Property as his or her only or principal home. • The tenancy was entered into on account of the Tenant having an assessed need for community care and the Tenant has since been assessed as no longer having such need. • The Tenant has breached the tenancy agreement – this excludes the payment of rent. • The Tenant has acted in an antisocial manner to another person and the Tribunal is satisfied that it is reasonable to issue an eviction order given the nature of the behaviour and who it was in relation to or where it occurred. The application must usually be made within 12 months of the antisocial behaviour occurring. • The Tenant is associating in the Let Property with a person who has a relevant conviction or who has engaged in relevant antisocial behaviour. A relevant conviction is a conviction which, if it was the Tenant’s, would entitle the Tribunal to issue an eviction order. Relevant antisocial behaviour means behaviour which, if engaged in by the Tenant, would entitle the Tribunal to issue an eviction order. The application must usually be made within 12 months of the conviction or antisocial behaviour. • Landlord registration has been refused or revoked by a local authority. • House in Multiple Occupation (HMO) license revoked by the local authority. • Overcrowding statutory notice in respect of the Let Property has been served on the Landlord. Eviction grounds with both a mandatory and a discretionary strand. These two eviction grounds have both a mandatory and a discretionary strand, so the Tribunal will have discretion over whether to issue an eviction order in some circumstances, but not in others: • The Tenant is in rent arrears. (This ground is mandatory if, for three or more months, the Tenant has been continuously in arrears of rent and on the day the Tribunal considers the case, the arrears are at least one month’s rent. The Tribunal must also be satisfied that the arrears are not due to a delay or failure in the payment of a relevant benefit. This ground is discretionary if the Tenant has been in arrears of rent for three or more months, and on the first day the Tribunal considers the case, the arrears are less than one month’s rent and the Tribunal is satisfied that it is reasonable on this basis to issue an eviction order. In deciding whether it is reasonable to evict, the Tribunal will consider whether the Tenant being in arrears is due to a delay or failure in the payment of a relevant benefit.) • The tenancy was granted to an employee and the Tenant is no longer an employee. (This ground is mandatory if the application for eviction was made within 12 months of the Tenant ceasing to be - or failing to become - an employee and discretionary if the application is made after the 12 month period has elapsed.) The Tenant agrees to remove all of his or her belongings when the Tenancy ends. The Tenant’s belongings may include personal effects, foodstuffs and consumables, belongings, and any other contents brought in to the Let Property by the Tenant.
Appears in 2 contracts
Samples: Private Residential Tenancy Agreement, Private Residential Tenancy Agreement
ENDING THE TENANCY. This Tenancy may be ended by:- • The Tenant giving notice to the Landlord o The Tenant giving the Landlord at least 28 days’ notice in writing to terminate the tenancy, or an earlier date if the Landlord is content to waive the minimum 28 day notice period. Where the Landlord agrees to waive the notice period, his or her agreement must be in writing. The tenancy will come to an end on the date specified in the notice or, where appropriate, the earlier date agreed between the Tenant and Landlord. To end a joint tenancy, all the Joint Tenants must agree to end the tenancy. One Joint Tenant cannot terminate the joint tenancy on behalf of all Joint Tenants. • The Landlord giving notice to the Tenant, which is only possible using one of the 18 grounds for eviction set out in schedule 3 of the Act. This can happen either:- o By the Landlord giving the Tenant a Notice to Leave stating one or more of the eviction grounds, and the Tenant choosing to leave. In this case, the tenancy will come to an end on the day specified in the Notice to Leave, or the day on which the Tenant actually leaves the Let Property, whichever is the later. or:- o By the Landlord giving the Tenant a Notice to Leave stating one or more of the eviction grounds and then, if the Tenant chooses not to leave on the day after the notice period expires, subsequently obtaining an eviction order from the Tribunal on the stated eviction ground(s). In this case, the tenancy will come to an end on the date specified in the eviction order. The Landlord can bring the tenancy to an end only if one of the 18 grounds for eviction apply. If the Landlord serves a Notice to Leave on the Tenant, he or she must specify which eviction ground(s) is being used, used and give the reasons why they believe this eviction ground applies. If the Landlord applies to the Tribunal for an eviction order, the Tribunal will ask the Landlord to provide supporting evidence for any eviction ground(s) being used. The amount of notice a your Landlord must give the Tenant you will depend on which eviction ground is being used by the Landlord and how long the Tenant has lived in the Let Property. The Landlord must give the Tenant at least 28 days’ notice if, on the day the Tenant receives the Notice to Leave, the Tenant has been entitled to occupy the Let Property for six months or less, or if the eviction ground used. The notice period (during COVID-19 emergency procedures) will either be 6 months, 3 months or grounds) that the Landlord is stating is one or more 28 days. Details of the following. The Tenant: is not occupying the Let Property as his or her only or principal home has breached the tenancy agreement is in rent arrears for three or more consecutive months has a relevant criminal conviction has engaged in relevant antisocial behaviour has associated with a person who has a relevant conviction or has engaged in antisocial behaviour. The Landlord amount of notice that your landlord must give the Tenant at least 84 days’ notice if, on the date the Tenant receives the Notice to Leave, the Tenant has been entitled to occupy the Let Property you for over six months and the Notice to Leave does not rely exclusively on one (or more) of the eviction grounds already mentioned in this paragraph. The Landlord must secure repossession only by lawful means and must comply with all relevant legislation affecting private residential tenancies. SCHEDULE 3 TO THE ACT – EVICTION GROUNDS Schedule 3 sets out the 18 grounds under which a Landlord may seek eviction. Mandatory Eviction Grounds If the Tribunal is satisfied that any of the mandatory eviction grounds exists, it must issue an eviction order. The eight mandatory grounds are: • The Landlord intends to sell the Let Property for market value within three months of the Tenant ceasing to occupy it. • Let Property to be sold by the mortgage lender. • The Landlord intends to refurbish and this will entail significantly disruptive works to, or in relation to, the Let Property. • The Landlord intends to live in the Let Property as his or her only or principal home. • The Landlord intends to use the Let Property for a purpose other than providing a person with a home. • The Let Property is held for a person engaged in the work of a religious denomination as a residence from which the duties of such a person each ground are to be performed; the Let Property has previously been used for that purpose; and the Let Property is required for that purpose. • The Tenant is not occupying the Let Property as his or her only or principal home or has abandoned the Let Property. • After the start date of the tenancy, the Tenant is convicted of using, or allowing the use of, the Let Property for an immoral or illegal purpose, or is convicted of an imprisonable offence committed in or in the locality of the Let Property. The application must usually be made within 12 months of the Tenant’s conviction. Discretionary Eviction Grounds: Even if the Tribunal is satisfied that a discretionary ground exists, it will still have discretion on whether to issue an eviction order. The eight discretionary grounds are: • A member of the Landlord’s family intends to live in the Let Property as his or her only or principal home. • The tenancy was entered into on account of the Tenant having an assessed need for community care and the Tenant has since been assessed as no longer having such need. • The Tenant has breached the tenancy agreement – this excludes the payment of rent. • The Tenant has acted in an antisocial manner to another person and the Tribunal is satisfied that it is reasonable to issue an eviction order given the nature of the behaviour and who it was in relation to or where it occurred. The application must usually be made within 12 months of the antisocial behaviour occurring. • The Tenant is associating in the Let Property with a person who has a relevant conviction or who has engaged in relevant antisocial behaviour. A relevant conviction is a conviction which, if it was the Tenant’s, would entitle the Tribunal to issue an eviction order. Relevant antisocial behaviour means behaviour which, if engaged in by the Tenant, would entitle the Tribunal to issue an eviction order. The application must usually be made within 12 months of the conviction or antisocial behaviour. • Landlord registration has been refused or revoked by a local authority. • House in Multiple Occupation (HMO) license revoked by the local authority. • Overcrowding statutory notice in respect of the Let Property has been served on the Landlord. Eviction grounds with both a mandatory and a discretionary strand. These two eviction grounds have both a mandatory and a discretionary strand, so the Tribunal will have discretion over whether to issue an eviction order in some circumstances, but not in others: • The Tenant is in rent arrears. (This ground is mandatory if, for three or more months, the Tenant has been continuously in arrears of rent and on the day the Tribunal considers the case, the arrears are at least one month’s rent. The Tribunal must also be satisfied that the arrears are not due to a delay or failure in the payment of a relevant benefit. This ground is discretionary if the Tenant has been in arrears of rent for three or more months, and on the first day the Tribunal considers the case, the arrears are less than one month’s rent and the Tribunal is satisfied that it is reasonable on this basis to issue an eviction order. In deciding whether it is reasonable to evict, the Tribunal will consider whether the Tenant being in arrears is due to a delay or failure in the payment of a relevant benefit.) • The tenancy was granted to an employee and the Tenant is no longer an employee. (This ground is mandatory if the application for eviction was made within 12 months of the Tenant ceasing to be - or failing to become - an employee and discretionary if the application is made after the 12 month period has elapsed.) The Tenant agrees to remove all of his or her belongings when the Tenancy ends. The Tenant’s belongings may include personal effects, foodstuffs and consumables, belongings, and any other contents brought in to the Let Property by the Tenant.detailed below:
Appears in 2 contracts
Samples: www.xeniastudents.com, www.xeniastudents.com
ENDING THE TENANCY. This Tenancy may be ended by:- • The Tenant giving notice to the Landlord o The Tenant giving the Landlord at least 28 days’ notice in writing to terminate the tenancy, or an earlier date if the Landlord is content to waive the minimum 28 day notice period. Where the Landlord agrees to waive the notice period, his or her agreement must be in writing. The tenancy will come to an end on the date specified in the notice or, where appropriate, the earlier date agreed between the Tenant and Landlord. To end a joint tenancy, all the Joint Tenants must agree to end the tenancy. One Joint Tenant cannot terminate the joint tenancy on behalf of all Joint Tenants. • The Landlord giving notice to the Tenant, which is only possible using one of the 18 grounds for eviction set out in schedule 3 of the Act. This can happen either:- o By the Landlord giving the Tenant a Notice to Leave stating one or more of the eviction grounds, and the Tenant choosing to leave. In this case, the tenancy will come to an end on the day specified in the Notice to Leave, or the day on which the Tenant actually leaves the Let Property, whichever is the later. or:- o By the Landlord giving the Tenant a Notice to Leave stating one or more of the eviction grounds and then, if the Tenant chooses not to leave on the day after the notice period expires, subsequently obtaining an eviction order from the Tribunal on the stated eviction ground(s). In this case, the tenancy will come to an end on the date specified in the eviction order. The Landlord can bring the tenancy to an end only if one of the 18 grounds for eviction apply. If the Landlord serves a Notice to Leave on the Tenant, he or she must specify which eviction ground(s) is being used, and give the reasons why they believe this eviction ground applies. If the Landlord applies to the Tribunal for an eviction order, the Tribunal will ask the Landlord to provide supporting evidence for any eviction ground(s) being used. Notice periods from 30 March 2022 onwards This Tenancy may be ended by:- • The Tenant giving notice to the Landlord o The Tenant giving the Landlord at least 28 days’ notice in writing to terminate the tenancy, or an earlier date if the Landlord is content to waive the minimum 28 day notice period. Where the Landlord agrees to waive the notice period, his or her agreement must be in writing. The tenancy will come to an end on the date specified in the notice or, where appropriate, the earlier date agreed between the Tenant and Landlord. To end a joint tenancy, all the Joint Tenants must agree to end the tenancy. One Joint Tenant cannot terminate the joint tenancy on behalf of all Joint Tenants. • The Landlord giving notice to the Tenant, which is only possible using one of the 18 grounds for eviction set out in schedule 3 of the Act. This can happen either:- o By the Landlord giving the Tenant a Notice to Leave stating one or more of the eviction grounds, and the Tenant choosing to leave. In this case, the tenancy will come to an end on the day specified in the Notice to Leave, or the day on which the Tenant actually leaves the Let Property, whichever is the later. or:- o By the Landlord giving the Tenant a Notice to Leave stating one or more of the eviction grounds and then, if the Tenant chooses not to leave on the day after the notice period expires, subsequently obtaining an eviction order from the Tribunal on the stated eviction ground(s). In this case, the tenancy will come to an end on the date specified in the eviction order. The Landlord can bring the tenancy to an end only if one of the 18 grounds for eviction apply. If the Landlord serves a Notice to Leave on the Tenant, he or she must specify which eviction ground(s) is being used, and give the reasons why they believe this eviction ground applies. If the Landlord applies to the Tribunal for an eviction order, the Tribunal will ask the Landlord to provide supporting evidence for any eviction ground(s) being used. The amount of notice a Landlord must give the Tenant will depend on which eviction ground is being used by the Landlord and how long the Tenant has lived in the Let Property. The Landlord must give the Tenant at least 28 days’ notice if, on the day the Tenant receives the Notice to Leave, the Tenant has been entitled to occupy the Let Property for six months or less, or if the eviction ground (or grounds) that the Landlord is stating is one or more of the following. The Tenant: ▪ is not occupying the Let Property as his or her only or principal home ▪ has breached the tenancy agreement ▪ is in rent arrears for three or more consecutive months ▪ has a relevant criminal conviction ▪ has engaged in relevant antisocial behaviour ▪ has associated with a person who has a relevant conviction or has engaged in antisocial behaviour. The Landlord must give the Tenant at least 84 days’ notice if, on the date the Tenant receives the Notice to Leave, the Tenant has been entitled to occupy the Let Property for over six months and the Notice to Leave does not rely exclusively on one (or more) of the eviction grounds already mentioned in this paragraph. The Landlord must secure repossession only by lawful means and must comply with all relevant legislation affecting private residential tenancies. SCHEDULE 3 TO THE ACT to the act – EVICTION GROUNDS All eviction grounds are discretionary. This means that the First-tier Tribunal (Housing and Property Chamber) are able to exercise discretion and take into account of the circumstances of a case when deciding whether to grant an eviction or not. Schedule 3 sets out the 18 grounds under which a Landlord may seek eviction. Mandatory Eviction Grounds If the Tribunal is satisfied that any of the mandatory eviction grounds exists, it must issue an eviction order. The eight mandatory grounds are: • The Landlord intends to sell the Let Property for market value within three months of the Tenant ceasing to occupy it. • Let Property to be sold by the mortgage lender. • The Landlord intends to refurbish and this will entail significantly disruptive works to, or in relation to, the Let Property. • The Landlord intends to live in the Let Property as his or her only or principal home. • The Landlord intends to use the Let Property for a purpose other than providing a person with a home. • The Let Property is held for a person engaged in the work of a religious denomination as a residence from which the duties of such a person are to be performed; the Let Property has previously been used for that purpose; and the Let Property is required for that purpose. • The Tenant is not occupying the Let Property as his or her only or principal home or has abandoned the Let Property. • After the start date of the tenancy, the Tenant is convicted of using, or allowing the use of, the Let Property for an immoral or illegal purpose, or is convicted of an imprisonable offence committed in or in the locality of the Let Property. The application must usually be made within 12 months of the Tenant’s conviction. Discretionary Eviction Grounds: Even if the Tribunal is satisfied that a discretionary ground exists, it will still have discretion on whether to issue an eviction order. The eight discretionary grounds are: • A member of the Landlord’s family intends to live in the Let Property as his or her only or principal home. • The tenancy was entered into on account of the Tenant having an assessed need for community care and the Tenant has since been assessed as no longer having such need. • The Tenant has breached the tenancy agreement – this excludes the payment of rent. • The Tenant has acted in an antisocial manner to another person and the Tribunal is satisfied that it is reasonable to issue an eviction order given the nature of the behaviour and who it was in relation to or where it occurred. The application must usually be made within 12 months of the antisocial behaviour occurring. • The Tenant is associating in the Let Property with a person who has a relevant conviction or who has engaged in relevant antisocial behaviour. A relevant conviction is a conviction which, if it was the Tenant’s, would entitle the Tribunal to issue an eviction order. Relevant antisocial behaviour means behaviour which, if engaged in by the Tenant, would entitle the Tribunal to issue an eviction order. The application must usually be made within 12 months of the conviction or antisocial behaviour. • Landlord registration has been refused or revoked by a local authority. • House in Multiple Occupation (HMO) license revoked by the local authority. • Overcrowding statutory notice in respect of the Let Property has been served on the Landlord. Eviction grounds with both a mandatory and a discretionary strand. These two eviction grounds have both a mandatory and a discretionary strand, so the Tribunal will have discretion over whether to issue an eviction order in some circumstances, but not in others: • The Tenant is in rent arrears. (This ground is mandatory if, for arrears over three or more consecutive months, the Tenant has been continuously in arrears of rent and on the day the Tribunal considers the case, the arrears are at least one month’s rent. The Tribunal must also be satisfied that the arrears are not due to a delay or failure in the payment of a relevant benefit. This ground is discretionary if the Tenant has been in arrears of rent for three or more months, and on the first day the Tribunal considers the case, the arrears are less than one month’s rent and the Tribunal is satisfied that it is reasonable on this basis to issue an eviction order. In deciding whether it is reasonable to evict, the Tribunal will consider whether the Tenant being in arrears is due to a delay or failure in the payment of a relevant benefit.benefit and the extent the landlord has complied with pre-action requirements for rent arrears as required by The Rent Arrears Pre-Action Requirements (Coronavirus) (Scotland) Regulations 2020. • The tenancy was granted to an employee and the Tenant is no longer an employee. (This ground is mandatory if the application for eviction was made within 12 months of the Tenant ceasing to be - or failing to become - an employee and discretionary if the application is made after the 12 month period has elapsed.) The Tenant agrees to remove all of his or her belongings when the Tenancy ends. The Tenant’s belongings may include personal effects, foodstuffs and consumables, belongings, and any other contents brought in to the Let Property by the Tenant.
Appears in 1 contract
Samples: www.gov.scot
ENDING THE TENANCY. This Tenancy may be ended by:- • The Tenant giving notice to the Landlord o The Tenant giving the Landlord at least 28 days’ notice in writing to terminate the tenancy, or an earlier date if the Landlord is content to waive the minimum 28 day notice period. Where the Landlord agrees to waive the notice period, his or her agreement must be in writing. The tenancy will come to an end on the date specified in the notice or, where appropriate, the earlier date agreed between the Tenant and Landlord. To end a joint tenancy, all the Joint Tenants must agree to end the tenancy. One Joint Tenant cannot terminate the joint tenancy on behalf of all Joint Tenants. • The Landlord giving notice to the Tenant, which is only possible using one of the 18 grounds for eviction set out in schedule 3 of the Act. This can happen either:- o By the Landlord giving the Tenant a Notice to Leave stating one or more of the eviction grounds, and the Tenant choosing to leave. In this case, the tenancy will come to an end on the day specified in the Notice to Leave, or the day on which the Tenant actually leaves the Let Property, whichever is the later. o By the Landlord giving the Tenant a Notice to Leave stating one or more of the eviction grounds and then, if the Tenant chooses not to leave on the day after the notice period expires, subsequently obtaining an eviction order from the Tribunal on the stated eviction ground(s). In this case, the tenancy will come to an end on the date specified in the eviction order. The Landlord can bring the tenancy to an end only if one of the 18 grounds for eviction apply. If the Landlord serves a Notice to Leave on the Tenant, he or she must specify which eviction ground(s) is being used, and give the reasons why they believe this eviction ground applies. If the Landlord applies to the Tribunal for an eviction order, the Tribunal will ask the Landlord to provide supporting evidence for any eviction ground(s) being used. The amount of notice a Landlord must give the Tenant will depend on which eviction ground is being used by the Landlord and how long the Tenant has lived in the Let Property. The Landlord must give the Tenant at least 28 days’ notice if, on the day the Tenant receives the Notice to Leave, the Tenant has been entitled to occupy the Let Property for six months or less, or if the eviction ground (or grounds) that the Landlord is stating is one or more of the following. The Tenant: ▪ is not occupying the Let Property as his or her only or principal home ▪ has breached the tenancy agreement ▪ is in rent arrears for three or more consecutive months ▪ has a relevant criminal conviction ▪ has engaged in relevant antisocial behaviour ▪ has associated with a person who has a relevant conviction or has engaged in antisocial behaviour. The Landlord must give the Tenant at least 84 days’ notice if, on the date the Tenant receives the Notice to Leave, the Tenant has been entitled to occupy the Let Property for over six months and the Notice to Leave does not rely exclusively on one (or more) of the eviction grounds already mentioned in this paragraph. The Landlord must secure repossession only by lawful means and must comply with all relevant legislation affecting private residential tenancies. SCHEDULE 3 TO THE ACT – EVICTION GROUNDS Schedule 3 sets out the 18 grounds under which a Landlord may seek eviction. Mandatory Eviction Grounds If the Tribunal is satisfied that any of the mandatory eviction grounds exists, it must issue an eviction order. The eight mandatory grounds are: • The Landlord intends to sell the Let Property for market value within three months of the Tenant ceasing to occupy it. • Let Property to be sold by the mortgage lender. • The Landlord intends to refurbish and this will entail significantly disruptive works to, or in relation to, the Let Property. • The Landlord intends to live in the Let Property as his or her only or principal home. • The Landlord intends to use the Let Property for a purpose other than providing a person with a home. • The Let Property is held for a person engaged in the work of a religious denomination as a residence from which the duties of such a person are to be performed; the Let Property has previously been used for that purpose; and the Let Property is required for that purpose. • The Tenant is not occupying the Let Property as his or her only or principal home or has abandoned the Let Property. • After the start date of the tenancy, the Tenant is convicted of using, or allowing the use of, the Let Property for an immoral or illegal purpose, or is convicted of an imprisonable offence committed in or in the locality of the Let Property. The application must usually be made within 12 months of the Tenant’s conviction. Discretionary Eviction Grounds: Even if the Tribunal is satisfied that a discretionary ground exists, it will still have discretion on whether to issue an eviction order. The eight discretionary grounds are: • A member of the Landlord’s family intends to live in the Let Property as his or her only or principal home. • The tenancy was entered into on account of the Tenant having an assessed need for community care and the Tenant has since been assessed as no longer having such need. • The Tenant has breached the tenancy agreement – this excludes the payment of rent. • The Tenant has acted in an antisocial manner to another person and the Tribunal is satisfied that it is reasonable to issue an eviction order given the nature of the behaviour and who it was in relation to or where it occurred. The application must usually be made within 12 months of the antisocial behaviour occurring. • The Tenant is associating in the Let Property with a person who has a relevant conviction or who has engaged in relevant antisocial behaviour. A relevant conviction is a conviction which, if it was the Tenant’s, would entitle the Tribunal to issue an eviction order. Relevant antisocial behaviour means behaviour which, if engaged in by the Tenant, would entitle the Tribunal to issue an eviction order. The application must usually be made within 12 months of the conviction or antisocial behaviour. • Landlord registration has been refused or revoked by a local authority. • House in Multiple Occupation (HMO) license revoked by the local authority. • Overcrowding statutory notice in respect of the Let Property has been served on the Landlord. Eviction grounds with both a mandatory and a discretionary strand. These two eviction grounds have both a mandatory and a discretionary strand, so the Tribunal will have discretion over whether to issue an eviction order in some circumstances, but not in others: • The Tenant is in rent arrears. (This ground is mandatory if, for three or more months, the Tenant has been continuously in arrears of rent and on the day the Tribunal considers the case, the arrears are at least one month’s rent. The Tribunal must also be satisfied that the arrears are not due to a delay or failure in the payment of a relevant benefit. This ground is discretionary if the Tenant has been in arrears of rent for three or more months, and on the first day the Tribunal considers the case, the arrears are less than one month’s rent and the Tribunal is satisfied that it is reasonable on this basis to issue an eviction order. In deciding whether it is reasonable to evict, the Tribunal will consider whether the Tenant being in arrears is due to a delay or failure in the payment of a relevant benefit.) • The tenancy was granted to an employee and the Tenant is no longer an employee. (This ground is mandatory if the application for eviction was made within 12 months of the Tenant ceasing to be - or failing to become - an employee and discretionary if the application is made after the 12 month period has elapsed.) The Tenant agrees to remove all of his or her belongings when the Tenancy ends. The Tenant’s belongings may include personal effects, foodstuffs and consumables, belongings, and any other contents brought in to the Let Property by the Tenant.
Appears in 1 contract
ENDING THE TENANCY. This Tenancy may be ended by:- • The Tenant giving notice to the Landlord o The Tenant giving the Landlord at least 28 days’ notice in writing to terminate the tenancy, or an earlier date if the Landlord is content to waive the minimum 28 day notice period. Where the Landlord agrees to waive the notice period, his or her agreement must be in writing. The tenancy will come to an end on the date specified in the notice or, where appropriate, the earlier date agreed between the Tenant and Landlord. To end a joint tenancy, all the Joint Tenants must agree to end the tenancy. One Joint Tenant cannot terminate the joint tenancy on behalf of all Joint Tenants. • The Landlord giving notice to the Tenant, which is only possible using one of the 18 grounds for eviction set out in schedule 3 of the Act. This can happen either:- o By the Landlord giving the Tenant a Notice to Leave stating one or more of the eviction grounds, and the Tenant choosing to leave. In this case, the tenancy will come to an end on the day specified in the Notice to Leave, or the day on which the Tenant actually leaves the Let Property, whichever is the later. or:- o By the Landlord giving the Tenant a Notice to Leave stating one or more of the eviction grounds and then, if the Tenant chooses not to leave on the day after the notice period expires, subsequently obtaining an eviction order from the Tribunal on the stated eviction ground(s). In this case, the tenancy will come to an end on the date specified in the eviction order. The Landlord can bring the tenancy to an end only if one of the 18 grounds for eviction apply. If the Landlord serves a Notice to Leave on the Tenant, he or she must specify which eviction ground(s) is being used, and give the reasons why they believe this eviction ground applies. If the Landlord applies to the Tribunal for an eviction order, the Tribunal will ask the Landlord to provide supporting evidence for any eviction ground(s) being used. Notice periods from 30 March 2022 onwards The amount of notice a Landlord must give the Tenant will depend on which eviction ground is being used by the Landlord and how long the Tenant has lived in the Let Property. The Landlord must give the Tenant at least 28 days’ notice if, on the day the Tenant receives the Notice to Leave, the Tenant has been entitled to occupy the Let Property for six months or less, or if the eviction ground (or grounds) that the Landlord is stating is one or more of the following. The Tenant: ▪ is not occupying the Let Property as his or her only or principal home ▪ has breached the tenancy agreement ▪ is in rent arrears for three or more consecutive months ▪ has a relevant criminal conviction ▪ has engaged in relevant antisocial behaviour ▪ has associated with a person who has a relevant conviction or has engaged in antisocial behaviour. The Landlord must give the Tenant at least 84 days’ notice if, on the date the Tenant receives the Notice to Leave, the Tenant has been entitled to occupy the Let Property for over six months and the Notice to Leave does not rely exclusively on one (or more) of the eviction grounds already mentioned in this paragraph. The Landlord must secure repossession only by lawful means and must comply with all relevant legislation affecting private residential tenancies. SCHEDULE 3 TO THE ACT – EVICTION GROUNDS All eviction grounds are discretionary. This means that the First-tier Tribunal (Housing and Property Chamber) are able to exercise discretion and take into account the circumstances of a case when deciding whether to grant an eviction or not. Schedule 3 sets out the 18 grounds under which a Landlord may seek eviction. Mandatory Eviction Grounds If the Tribunal is satisfied that any of the mandatory eviction grounds exists, it must issue an eviction order. The eight mandatory grounds are: • The Landlord intends to sell the Let Property for market value within three months of the Tenant ceasing to occupy it. • Let Property to be sold by the mortgage lender. • The Landlord intends to refurbish and this will entail significantly disruptive works to, or in relation to, the Let Property. • The Landlord intends to live in the Let Property as his or her only or principal home. • The Landlord intends to use the Let Property for a purpose other than providing a person with a home. • The Let Property is held for a person engaged in the work of a religious denomination as a residence from which the duties of such a person are to be performed; the Let Property has previously been used for that purpose; and the Let Property is required for that purpose. • The Tenant is not occupying the Let Property as his or her only or principal home or has abandoned the Let Property. • After the start date of the tenancy, the Tenant is convicted of using, or allowing the use of, the Let Property for an immoral or illegal purpose, or is convicted of an imprisonable offence committed in or in the locality of the Let Property. The application must usually be made within 12 months of the Tenant’s conviction. Discretionary Eviction Grounds: Even if the Tribunal is satisfied that a discretionary ground exists, it will still have discretion on whether to issue an eviction order. The eight discretionary grounds are: • A member of the Landlord’s family intends to live in the Let Property as his or her only or principal home. • The tenancy was entered into on account of the Tenant having an assessed need for community care and the Tenant has since been assessed as no longer having such need. • The Tenant has breached the tenancy agreement – this excludes the payment of rent. • The Tenant has acted in an antisocial manner to another person and the Tribunal is satisfied that it is reasonable to issue an eviction order given the nature of the behaviour and who it was in relation to or where it occurred. The application must usually be made within 12 months of the antisocial behaviour occurring. • The Tenant is associating in the Let Property with a person who has a relevant conviction or who has engaged in relevant antisocial behaviour. A relevant conviction is a conviction which, if it was the Tenant’s, would entitle the Tribunal to issue an eviction order. Relevant antisocial behaviour means behaviour which, if engaged in by the Tenant, would entitle the Tribunal to issue an eviction order. The application must usually be made within 12 months of the conviction or antisocial behaviour. • Landlord registration has been refused or revoked by a local authority. • House in Multiple Occupation (HMO) license revoked by the local authority. • Overcrowding statutory notice in respect of the Let Property has been served on the Landlord. Eviction grounds with both a mandatory and a discretionary strand. These two eviction grounds have both a mandatory and a discretionary strand, so the Tribunal will have discretion over whether to issue an eviction order in some circumstances, but not in others: • The Tenant is in rent arrears. (This ground is mandatory if, for arrears over three or more consecutive months, the Tenant has been continuously in arrears of rent and on the day the Tribunal considers the case, the arrears are at least one month’s rent. The Tribunal must also be satisfied that the arrears are not due to a delay or failure in the payment of a relevant benefit. This ground is discretionary if the Tenant has been in arrears of rent for three or more months, and on the first day the Tribunal considers the case, the arrears are less than one month’s rent and the Tribunal is satisfied that it is reasonable on this basis to issue an eviction order. In deciding whether it is reasonable to evict, the Tribunal will consider whether the Tenant being in arrears is due to a delay or failure in the payment of a relevant benefit.benefit and the extent to which the landlord has complied with pre-action requirements for rent arrears as required by The Rent Arrears Pre-Action Requirements (Coronavirus) (Scotland) Regulations 2020. • The tenancy was granted to an employee and the Tenant is no longer an employee. (This ground is mandatory if the application for eviction was made within 12 months of the Tenant ceasing to be - or failing to become - an employee and discretionary if the application is made after the 12 month period has elapsed.) The Tenant agrees to remove all of his or her belongings when the Tenancy ends. The Tenant’s belongings may include personal effects, foodstuffs and consumables, belongings, and any other contents brought in to the Let Property by the Tenant.
Appears in 1 contract
Samples: easylets.co.uk
ENDING THE TENANCY. This Tenancy may be ended by:- • The Tenant giving notice to the Landlord o The Tenant giving the Landlord at least 28 days’ notice in writing to terminate the tenancy, or an earlier date if the Landlord is content to waive the minimum 28 day notice period. Where the Landlord agrees to waive the notice period, his or her agreement must be in writing. The tenancy will come to an end on the date specified in the notice or, where appropriate, the earlier date agreed between the Tenant and Landlord. To end a joint tenancy, all the Joint Tenants must agree to end the tenancy. One Joint Tenant cannot terminate the joint tenancy on behalf of all Joint Tenants. • The Landlord giving notice to the Tenant, which is only possible using one of the 18 grounds for eviction set out in schedule 3 of the Act. This can happen either:- o By the Landlord giving the Tenant a Notice to Leave stating one or more of the eviction grounds, and the Tenant choosing to leave. In this case, the tenancy will come to an end on the day specified in the Notice to Leave, or the day on which the Tenant actually leaves the Let Property, whichever is the later. or:- o By the Landlord giving the Tenant a Notice to Leave stating one or more of the eviction grounds and then, if the Tenant chooses not to leave on the day after the notice period expires, subsequently obtaining an eviction order from the Tribunal on the stated eviction ground(s). In this case, the tenancy will come to an end on the date specified in the eviction order. The Landlord can bring the tenancy to an end only if one of the 18 grounds for eviction apply. If the Landlord serves a Notice to Leave on the Tenant, he or she must specify which eviction ground(s) is being used, and give the reasons why they believe this eviction ground applies. If the Landlord applies to the Tribunal for an eviction order, the Tribunal will ask the Landlord to provide supporting evidence for any eviction ground(s) being used. The amount of notice a your Landlord must give the Tenant you will depend on which eviction ground is being used by the Landlord and how long the Tenant has lived in the Let Property. The Landlord must give the Tenant at least 28 days’ notice if, on the day the Tenant receives the Notice to Leave, the Tenant has been entitled to occupy the Let Property for six months or less, or if the eviction ground used. The notice period (during COVID-19 emergency procedures) will either be 6 months, 3 months or grounds) that the Landlord is stating is one or more 28 days. Details of the following. The Tenant: is not occupying the Let Property as his or her only or principal home has breached the tenancy agreement is in rent arrears for three or more consecutive months has a relevant criminal conviction has engaged in relevant antisocial behaviour has associated with a person who has a relevant conviction or has engaged in antisocial behaviour. The Landlord amount of notice that your landlord must give the Tenant at least 84 daysyou for each ground are detailed below: Grounds that require 6 months’ notice if, on the date the Tenant receives the Notice to Leave, the Tenant has been entitled to occupy the Let Property for over six months and the Notice to Leave does not rely exclusively on one (or more) of the eviction grounds already mentioned in this paragraph. The Landlord must secure repossession only by lawful means and must comply with all relevant legislation affecting private residential tenancies. SCHEDULE 3 TO THE ACT – EVICTION GROUNDS Schedule 3 sets out the 18 grounds under which a Landlord may seek eviction. Mandatory Eviction Grounds If the Tribunal is satisfied that any of the mandatory eviction grounds exists, it must issue an eviction order. The eight mandatory grounds arenotice: • The Your Landlord intends to sell the Let Property for market value within three months of the Tenant ceasing to occupy it. • The Let Property is to be sold by the mortgage lender. • The lender Your Landlord intends to refurbish and this will entail significantly disruptive works to, or in relation to, the Let Property. • The Landlord intends to live in the Let Property as his or her only or principal home. • The Your Landlord intends to use the Let Property for a non-residential purpose other than providing a person with a home. • The Let Property is held for a person engaged in the work of a religious denomination as a residence from which the duties of such a person are to be performed; the Let Property has previously been used for that purpose; and the Let Property is required for that purpose. • The Tenant is not occupying the Let Property as his a religious purpose You cease to be - or her only or principal home or has abandoned the Let Property. • After the start date fail to become - an employee of the tenancy, the Tenant is convicted Landlord You no longer need supported accommodation You have breached a term(s) of using, or allowing the use of, the Let Property for an immoral or illegal purpose, or is convicted of an imprisonable offence committed your tenancy agreement You are in or in the locality of the Let Property. The application must usually be made within 12 rent arrears over three consecutive months of the Tenant’s conviction. Discretionary Eviction Grounds An Overcrowding Statutory Notice has been served on your Landlord Grounds that require 3 months’ notice: Even if the Tribunal is satisfied that a discretionary ground exists, it will still have discretion on whether to issue an eviction order. The eight discretionary grounds are: • A member of the Landlord’s family Your Landlord intends to live in the Let Property as his or her only or principal home. • The tenancy was entered into on account of Your Landlord’s family member intends to live in the Tenant having an assessed need for community care and the Tenant has since been assessed as no longer having such need. • The Tenant has breached the tenancy agreement – this excludes the payment of rent. • The Tenant has acted Let Property You have a relevant criminal conviction You have engaged in an antisocial manner to another person and the Tribunal is satisfied that it is reasonable to issue an eviction order given the nature of the behaviour and who it was in relation to or where it occurred. The application must usually be made within 12 months of the relevant antisocial behaviour occurring. • The Tenant is associating You have associated in the Let Property with a person someone who has a relevant criminal conviction or who has engaged in relevant antisocial behaviour. A relevant conviction is a conviction which, if it was the Tenant’s, would entitle the Tribunal to issue an eviction order. Relevant antisocial behaviour means behaviour which, if engaged in by the Tenant, would entitle the Tribunal to issue an eviction order. The application must usually be made within 12 months of the conviction Your Landlord has had their registration refused or antisocial behaviour. • Landlord registration revoked Your Landlord’s HMO licence has been revoked or renewal has been refused or revoked by a local authority. • House in Multiple Occupation (HMO) license revoked by the local authority. • Overcrowding statutory notice in respect of Ground that requires 28 days’ notice: You are no longer occupying the Let Property has been served on the Landlord. Eviction grounds with both a mandatory and a discretionary strand. These two eviction grounds have both a mandatory and a discretionary strand, so the Tribunal will have discretion over whether to issue an eviction order in some circumstances, but not in others: • The Tenant is in rent arrears. (This ground is mandatory if, for three or more months, the Tenant has been continuously in arrears of rent and on the day the Tribunal considers the case, the arrears are at least one month’s rent. The Tribunal must also be satisfied that the arrears are not due to a delay or failure in the payment of a relevant benefit. This ground is discretionary if the Tenant has been in arrears of rent for three or more months, and on the first day the Tribunal considers the case, the arrears are less than one month’s rent and the Tribunal is satisfied that it is reasonable on this basis to issue an eviction order. In deciding whether it is reasonable to evict, the Tribunal will consider whether the Tenant being in arrears is due to a delay or failure in the payment of a relevant benefit.) • The tenancy was granted to an employee and the Tenant is no longer an employee. (This ground is mandatory if the application for eviction was made within 12 months of the Tenant ceasing to be - or failing to become - an employee and discretionary if the application is made after the 12 month period has elapsed.) The Tenant agrees to remove all of his or her belongings when the Tenancy ends. The Tenant’s belongings may include personal effects, foodstuffs and consumables, belongings, and any other contents brought in to the Let Property by the Tenant.
Appears in 1 contract
Samples: www.arla.co.uk
ENDING THE TENANCY. By law, the Tenant must provide a minimum of 28 days’ notice. The Tenant hereby agrees to extend the minimum 28 days’ notice to 84 days under this agreement. The extension is compliant with Scottish Laws & allows the Landlord enough time to seek an alternative student tenant during this time. This Tenancy may be ended by:- by: • The Tenant giving notice to the Landlord o The Tenant giving the Landlord at least 28 84 days’ notice in writing to terminate the tenancy, or an earlier date if the Landlord is content to waive the minimum 28 day notice period. Where the Landlord agrees to waive the notice period, his or her agreement must be in writing. The tenancy will come to an end on the date specified in the notice or, where appropriate, the earlier date agreed between the Tenant and Landlord. To end a joint tenancy, all the Joint Tenants must agree to end the tenancy. One Joint Tenant cannot terminate the joint tenancy on behalf of all Joint Tenants. • The Landlord giving notice to the Tenant, which is only possible using one of the 18 grounds for eviction set out in schedule 3 of the Act. This can happen either:- o either: - By the Landlord giving the Tenant a Notice to Leave stating one or more of the eviction grounds, and the Tenant choosing to leave. In this case, the tenancy will come to an end on the day specified in the Notice to Leave, or the day on which the Tenant actually leaves the Let Property, whichever is the later. o or: - By the Landlord giving the Tenant a Notice to Leave stating one or more of the eviction grounds and then, if the Tenant chooses not to leave on the day after the notice period expires, subsequently obtaining an eviction order from the Tribunal on the stated eviction ground(s). In this case, the tenancy will come to an end on the date specified in the eviction order. The Landlord can bring the tenancy to an end only if one of the 18 grounds for eviction apply. If the Landlord serves a Notice to Leave on the Tenant, he or she must specify which eviction ground(s) is being used, used and give the reasons why they believe this eviction ground applies. This may be applicable should the tenant breach this agreement. If the Landlord applies to the Tribunal for an eviction order, the Tribunal will ask the Landlord to provide supporting evidence for any eviction ground(s) being used. The amount of notice a Landlord must give the Tenant will depend on which eviction ground is being used by the Landlord and how long the Tenant has lived in the Let Property. The Landlord must give the Tenant at least 28 days’ notice if, on the day the Tenant receives the Notice to Leave, the Tenant has been entitled to occupy the Let Property for six months or less, or if the eviction ground (or grounds) that the Landlord is stating is one or more of the following. : The Tenant: is • Is not occupying the Let Property as his or her only or principal home has • Has breached the tenancy agreement is • Is in rent arrears for three or more consecutive months has • Has a relevant criminal conviction has • Has engaged in relevant antisocial behaviour has • Has associated with a person who has a relevant conviction or has engaged in antisocial behaviour. behaviour • Is in breach of the contents set out in Section 17 or other relevant clauses The Landlord must give the Tenant at least 84 days’ notice if, on the date the Tenant receives the Notice to Leave, the Tenant has been entitled to occupy the Let Property for over six months and the Notice to Leave does not rely exclusively on one (or more) of the eviction grounds already mentioned in this paragraph. The Landlord must secure repossession only by lawful means and must comply with all relevant legislation affecting private residential tenancies. SCHEDULE 3 TO THE ACT – EVICTION GROUNDS Schedule 3 sets out the 18 grounds under which a Landlord may seek eviction. Mandatory Eviction Grounds If the Tribunal is satisfied that any of the mandatory eviction grounds exists, it must issue an eviction order. The eight mandatory grounds are: • The Landlord intends to sell the Let Property for market value within three months of the Tenant ceasing to occupy it. • Let Property to be sold by the mortgage lender. • The Landlord intends to refurbish and this will entail significantly disruptive works to, or in relation to, the Let Property. • The Landlord intends to live in the Let Property as his or her only or principal home. • The Landlord intends to use the Let Property for a purpose other than providing a person with a home. • The Let Property is held for a person engaged in the work of a religious denomination as a residence from which the duties of such a person are to be performed; the Let Property has previously been used for that purpose; and the Let Property is required for that purpose. • The Tenant is not occupying the Let Property as his or her only or principal home or has abandoned the Let Property. • After the start date of the tenancy, the Tenant is convicted of using, or allowing the use of, the Let Property for an immoral or illegal purpose, or is convicted of an imprisonable offence committed in or in the locality of the Let Property. The application must usually be made within 12 months of the Tenant’s conviction. Discretionary Eviction Grounds: Even if the Tribunal is satisfied that a discretionary ground exists, it will still have discretion on whether to issue an eviction order. The eight discretionary grounds are: • A member of the Landlord’s family intends to live in the Let Property as his or her only or principal home. • The tenancy was entered into on account of the Tenant having an assessed need for community care and the Tenant has since been assessed as no longer having such need. • The Tenant has breached the tenancy agreement – this excludes the payment of rent. • The Tenant has acted in an antisocial manner to another person and the Tribunal is satisfied that it is reasonable to issue an eviction order given the nature of the behaviour and who it was in relation to or where it occurred. The application must usually be made within 12 months of the antisocial behaviour occurring. • The Tenant is associating in the Let Property with a person who has a relevant conviction or who has engaged in relevant antisocial behaviour. A relevant conviction is a conviction which, if it was the Tenant’s, would entitle the Tribunal to issue an eviction order. Relevant antisocial behaviour means behaviour which, if engaged in by the Tenant, would entitle the Tribunal to issue an eviction order. The application must usually be made within 12 months of the conviction or antisocial behaviour. • Landlord registration has been refused or revoked by a local authority. • House in Multiple Occupation (HMO) license revoked by the local authority. • Overcrowding statutory notice in respect of the Let Property has been served on the Landlord. Eviction grounds with both a mandatory and a discretionary strand. These two eviction grounds have both a mandatory and a discretionary strand, so the Tribunal will have discretion over whether to issue an eviction order in some circumstances, but not in others: • The Tenant is in rent arrears. (This ground is mandatory if, for three or more months, the Tenant has been continuously in arrears of rent and on the day the Tribunal considers the case, the arrears are at least one month’s rent. The Tribunal must also be satisfied that the arrears are not due to a delay or failure in the payment of a relevant benefit. This ground is discretionary if the Tenant has been in arrears of rent for three or more months, and on the first day the Tribunal considers the case, the arrears are less than one month’s rent and the Tribunal is satisfied that it is reasonable on this basis to issue an eviction order. In deciding whether it is reasonable to evict, the Tribunal will consider whether the Tenant being in arrears is due to a delay or failure in the payment of a relevant benefit.) • The tenancy was granted to an employee and the Tenant is no longer an employee. (This ground is mandatory if the application for eviction was made within 12 months of the Tenant ceasing to be - or failing to become - an employee and discretionary if the application is made after the 12 month period has elapsed.) The Tenant agrees to remove all of his or her belongings when the Tenancy ends. The Tenant’s belongings may include personal effects, foodstuffs and consumables, belongings, and any other contents brought in to the Let Property by the Tenant.
Appears in 1 contract
Samples: www.xeniastudents.com
ENDING THE TENANCY. This Tenancy may be ended by:- • The Tenant giving notice to the Landlord o The Tenant giving the Landlord at least 28 days’ notice in writing to terminate the tenancy, or an earlier date if the Landlord is content to waive the minimum 28 day notice period. Where the Landlord agrees to waive the notice period, his or her agreement must be in writing. The tenancy will come to an end on the date specified in the notice or, where appropriate, the earlier date agreed between the Tenant and Landlord. To end a joint tenancy, all the Joint Tenants must agree to end the tenancy. One Joint Tenant cannot terminate the joint tenancy on behalf of all Joint Tenants. • The Landlord giving notice to the Tenant, which is only possible using one of the 18 grounds for eviction set out in schedule 3 of the Act. This can happen either:- o By the Landlord giving the Tenant a Notice to Leave stating one or more of the eviction grounds, and the Tenant choosing to leave. In this case, the tenancy will come to an end on the day specified in the Notice to Leave, or the day on which the Tenant actually leaves the Let Property, whichever is the later. or:- o By the Landlord giving the Tenant a Notice to Leave stating one or more of the eviction grounds and then, if the Tenant chooses not to leave on the day after the notice period expires, subsequently obtaining an eviction order from the Tribunal on the stated eviction ground(s). In this case, the tenancy will come to an end on the date specified in the eviction order. The Landlord can bring the tenancy to an end only if one of the 18 grounds for eviction apply. If the Landlord serves a Notice to Leave on the Tenant, he or she must specify which eviction ground(s) is being used, used and give the reasons why they believe this eviction ground applies. If the Landlord applies to the Tribunal for an eviction order, the Tribunal will ask the Landlord to provide supporting evidence for any eviction ground(s) being used. The amount of notice a your Landlord must give the Tenant you will depend on which eviction ground is being used by the Landlord and how long the Tenant has lived in the Let Property. The Landlord must give the Tenant at least 28 days’ notice if, on the day the Tenant receives the Notice to Leave, the Tenant has been entitled to occupy the Let Property for six months or less, or if the eviction ground used. The notice period (during COVID-19 emergency procedures) will either be 6 months, 3 months or grounds) that the Landlord is stating is one or more 28 days. Details of the following. The Tenant: is not occupying the Let Property as his or her only or principal home has breached the tenancy agreement is in rent arrears for three or more consecutive months has a relevant criminal conviction has engaged in relevant antisocial behaviour has associated with a person who has a relevant conviction or has engaged in antisocial behaviour. The Landlord amount of notice that your landlord must give the Tenant at least 84 daysyou for each ground are detailed below: Grounds that require 6 months’ notice if, on the date the Tenant receives the Notice to Leave, the Tenant has been entitled to occupy the Let Property for over six months and the Notice to Leave does not rely exclusively on one (or more) of the eviction grounds already mentioned in this paragraph. The Landlord must secure repossession only by lawful means and must comply with all relevant legislation affecting private residential tenancies. SCHEDULE 3 TO THE ACT – EVICTION GROUNDS Schedule 3 sets out the 18 grounds under which a Landlord may seek eviction. Mandatory Eviction Grounds If the Tribunal is satisfied that any of the mandatory eviction grounds exists, it must issue an eviction order. The eight mandatory grounds arenotice: • The Your Landlord intends to sell the Let Property for market value within three months of the Tenant ceasing to occupy it. • The Let Property is to be sold by the mortgage lender. lender • The Your Landlord intends to refurbish and this will entail significantly disruptive works to, or in relation to, the Let Property. • The Landlord intends to live in the Let Property as his or her only or principal home. • The Your Landlord intends to use the Let Property for a non-residential purpose other than providing a person with a home. • The Let Property is held required for a person engaged in the work of a religious denomination as a residence from which the duties of such a person are purpose • You cease to be performed; the Let Property has previously been used for that purpose; and the Let Property is required for that purpose. • The Tenant is not occupying the Let Property as his - or her only or principal home or has abandoned the Let Property. • After the start date fail to become - an employee of the tenancy, the Tenant is convicted Landlord • You no longer need supported accommodation • You have breached a term(s) of using, or allowing the use of, the Let Property for an immoral or illegal purpose, or is convicted of an imprisonable offence committed your tenancy agreement • You are in or in the locality of the Let Property. The application must usually be made within 12 rent arrears over three consecutive months of the Tenant’s conviction. Discretionary Eviction Grounds: Even if the Tribunal is satisfied • An Overcrowding Statutory Notice has been served on your Landlord Grounds that a discretionary ground exists, it will still have discretion on whether to issue an eviction order. The eight discretionary grounds arerequire 3 months’ notice: • A member of the Landlord’s family Your Landlord intends to live in the Let Property as his • Your Landlord’s family member intends to live in the Let Property • Your Landlord has had their registration refused or her only revoked • Your Landlord’s HMO licence has been revoked or principal home. renewal has been refused Ground that requires 28 days’ notice: • The tenancy was entered into on account of the Tenant having an assessed need for community care and the Tenant has since been assessed as no longer having such need. You have a relevant criminal conviction • The Tenant has breached the tenancy agreement – this excludes the payment of rent. You have engaged in relevant antisocial behavior • The Tenant has acted in an antisocial manner to another person and the Tribunal is satisfied that it is reasonable to issue an eviction order given the nature of the behaviour and who it was in relation to or where it occurred. The application must usually be made within 12 months of the antisocial behaviour occurring. • The Tenant is associating You have associated in the Let Property with a person someone who has a relevant criminal conviction or who has engaged in relevant antisocial behaviour. A relevant conviction is a conviction which, if it was the Tenant’s, would entitle the Tribunal to issue an eviction order. Relevant antisocial behaviour means behaviour which, if engaged in by the Tenant, would entitle the Tribunal to issue an eviction order. The application must usually be made within 12 months of the conviction or antisocial behaviour. behavior • Landlord registration has been refused or revoked by a local authority. • House in Multiple Occupation (HMO) license revoked by the local authority. • Overcrowding statutory notice in respect of You are no longer occupying the Let Property has been served on the Landlord. Eviction grounds with both a mandatory and a discretionary strand. These two eviction grounds have both a mandatory and a discretionary strand, so the Tribunal will have discretion over whether to issue an eviction order in some circumstances, but not in others: • The Tenant is in rent arrears. (This ground is mandatory if, for three or more months, the Tenant has been continuously in arrears of rent and on the day the Tribunal considers the case, the arrears are at least one month’s rent. The Tribunal must also be satisfied that the arrears are not due to a delay or failure in the payment of a relevant benefit. This ground is discretionary if the Tenant has been in arrears of rent for three or more months, and on the first day the Tribunal considers the case, the arrears are less than one month’s rent and the Tribunal is satisfied that it is reasonable on this basis to issue an eviction order. In deciding whether it is reasonable to evict, the Tribunal will consider whether the Tenant being in arrears is due to a delay or failure in the payment of a relevant benefit.) • The tenancy was granted to an employee and the Tenant is no longer an employee. (This ground is mandatory if the application for eviction was made within 12 months of the Tenant ceasing to be - or failing to become - an employee and discretionary if the application is made after the 12 month period has elapsed.) The Tenant agrees to remove all of his or her belongings when the Tenancy ends. The Tenant’s belongings may include personal effects, foodstuffs and consumables, belongings, and any other contents brought in to the Let Property by the Tenant.
Appears in 1 contract
ENDING THE TENANCY. The Landlord undertakes to secure repossession only by lawful means and to comply with all relevant legislation affecting private sector residential tenancies. The Landlord may use a Letting Agent to ensure compliance with the legislation. This Tenancy may be ended by:- • The Tenant giving notice to the Landlord o The Tenant giving the Landlord at least 28 days’ notice in writing to terminate the tenancy, or an earlier date if the Landlord is content to waive the minimum 28 day notice period. Where the Landlord agrees to waive the notice period, his or her agreement must be in writing. The tenancy will come to an end on the date specified in the notice or, where appropriate, the earlier date agreed between the Tenant and Landlord. To end a joint tenancy, all the Joint Tenants joint tenants must agree to end the tenancy. One Joint Tenant joint tenant cannot terminate the joint tenancy on behalf of all Joint Tenantsjoint tenants. • The Landlord giving notice to the Tenant, which is only possible using one of the 18 grounds for eviction set out in schedule 3 of the Act. This can happen either:- o By the Landlord giving serving on the Tenant a Notice to Leave stating one or more of the eviction grounds, and the Tenant choosing to leave. In this case, the The tenancy will come to an end on the later of the day specified in the Notice to Leave, or the day on which the Tenant actually leaves the Let Property, whichever is the laterproperty. o By the Landlord giving the Tenant a the Notice to Leave stating one or more of the eviction grounds and then, if the Tenant chooses not to leave on the day after the notice period expires, then subsequently obtaining an eviction order from the Tribunal on one or more of the stated eviction ground(s)grounds set out in schedule 3 of the Private Housing (Tenancies) (Scotland) Act 2016. In this case, the The tenancy will come to an end on the date specified specific in the eviction order. The Landlord can bring the tenancy to an end only if one of the 18 grounds for eviction apply. If the Landlord serves a Notice to Leave on the Tenant, he or she must specify which eviction ground(s) is being used, and give the reasons why they believe this eviction ground applies. If the Landlord applies to the Tribunal for an eviction order, the Tribunal will ask the Landlord to provide supporting evidence for any eviction ground(s) being used. The amount of notice a Landlord must give the Tenant will depend on which eviction repossession ground is being used by the Landlord and how long the Tenant has lived in the Let Propertyproperty. The Landlord must give the Tenant at least 28 days’ notice if, on the day the Tenant receives the Notice to Leave, if the Tenant has been entitled to occupy the Let Property let property for six months or less, or if the eviction repossession ground (or grounds) that the Landlord is stating using is one or more of the following. The Tenant: is not occupying the Let Property failure to occupy as his or her only or principal home has breached the home; breach of tenancy agreement is in agreement; rent arrears for three or more consecutive months has a months; relevant criminal conviction has engaged in conviction; relevant antisocial behaviour has associated anti-social behaviour; or association with a person who has a relevant conviction or has engaged in antisocial anti- social behaviour. The Landlord must give the Tenant at least 84 days’ notice if, on the date the Tenant receives the Notice to Leave, if the Tenant has been entitled to occupy the Let Property let property for over six months and the Notice to Leave does not rely exclusively on one (or more) of the eviction repossession grounds already mentioned in this paragraph. The Landlord must secure repossession only by lawful means and must comply with all relevant legislation affecting private residential tenancies. SCHEDULE 3 TO THE PRIVATE HOUSING (TENANCIES) (SCOTLAND) ACT 2016 – EVICTION GROUNDS Schedule 3 sets out the 18 grounds under which a Landlord landlord may seek eviction. Mandatory Eviction Grounds If Eight of the grounds are mandatory, which means that if the Tribunal is satisfied that any of the mandatory eviction grounds ground exists, it must issue an eviction order. The Of the remaining ten grounds, two have a mandatory and a discretionary strand and eight mandatory grounds are: • The Landlord intends to sell are discretionary. For the Let Property for market value within three months of the Tenant ceasing to occupy it. • Let Property to be sold by the mortgage lender. • The Landlord intends to refurbish and this will entail significantly disruptive works todiscretionary grounds, or in relation to, the Let Property. • The Landlord intends to live in the Let Property as his or her only or principal home. • The Landlord intends to use the Let Property for a purpose other than providing a person with a home. • The Let Property is held for a person engaged in the work of a religious denomination as a residence from which the duties of such a person are to be performed; the Let Property has previously been used for that purpose; and the Let Property is required for that purpose. • The Tenant is not occupying the Let Property as his or her only or principal home or has abandoned the Let Property. • After the start date of the tenancy, the Tenant is convicted of using, or allowing the use of, the Let Property for an immoral or illegal purpose, or is convicted of an imprisonable offence committed in or in the locality of the Let Property. The application must usually be made within 12 months of the Tenant’s conviction. Discretionary Eviction Grounds: Even if the Tribunal is satisfied that a discretionary the ground exists, it will still have discretion on whether to issue an eviction order. The eight discretionary grounds are: • A member of the Landlord’s family intends to live in the Let Property are as his or her only or principal home. • The tenancy was entered into on account of the Tenant having an assessed need for community care and the Tenant has since been assessed as no longer having such need. • The Tenant has breached the tenancy agreement – this excludes the payment of rent. • The Tenant has acted in an antisocial manner to another person and the Tribunal is satisfied that it is reasonable to issue an eviction order given the nature of the behaviour and who it was in relation to or where it occurred. The application must usually be made within 12 months of the antisocial behaviour occurring. • The Tenant is associating in the Let Property with a person who has a relevant conviction or who has engaged in relevant antisocial behaviour. A relevant conviction is a conviction which, if it was the Tenant’s, would entitle the Tribunal to issue an eviction order. Relevant antisocial behaviour means behaviour which, if engaged in by the Tenant, would entitle the Tribunal to issue an eviction order. The application must usually be made within 12 months of the conviction or antisocial behaviour. • Landlord registration has been refused or revoked by a local authority. • House in Multiple Occupation (HMO) license revoked by the local authority. • Overcrowding statutory notice in respect of the Let Property has been served on the Landlord. Eviction grounds with both a mandatory and a discretionary strand. These two eviction grounds have both a mandatory and a discretionary strand, so the Tribunal will have discretion over whether to issue an eviction order in some circumstances, but not in others: • The Tenant is in rent arrears. (This ground is mandatory if, for three or more months, the Tenant has been continuously in arrears of rent and on the day the Tribunal considers the case, the arrears are at least one month’s rent. The Tribunal must also be satisfied that the arrears are not due to a delay or failure in the payment of a relevant benefit. This ground is discretionary if the Tenant has been in arrears of rent for three or more months, and on the first day the Tribunal considers the case, the arrears are less than one month’s rent and the Tribunal is satisfied that it is reasonable on this basis to issue an eviction order. In deciding whether it is reasonable to evict, the Tribunal will consider whether the Tenant being in arrears is due to a delay or failure in the payment of a relevant benefit.) • The tenancy was granted to an employee and the Tenant is no longer an employee. (This ground is mandatory if the application for eviction was made within 12 months of the Tenant ceasing to be - or failing to become - an employee and discretionary if the application is made after the 12 month period has elapsed.) The Tenant agrees to remove all of his or her belongings when the Tenancy ends. The Tenant’s belongings may include personal effects, foodstuffs and consumables, belongings, and any other contents brought in to the Let Property by the Tenant.follows:
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Samples: consult.gov.scot
ENDING THE TENANCY. This Tenancy may be ended by:- • The Tenant giving notice to the Landlord o The Tenant giving the Landlord at least 28 days’ notice in writing to terminate the tenancy, or an earlier date if the Landlord is content to waive the minimum 28 day notice period. Where the Landlord agrees to waive the notice period, his or her agreement must be in writing. The tenancy will come to an end on the date specified in the notice or, where appropriate, the earlier date agreed between the Tenant and Landlord. To end a joint tenancy, all the Joint Tenants must agree to end the tenancy. One Joint Tenant cannot terminate the joint tenancy on behalf of all Joint Tenants. • The Landlord giving notice to the Tenant, which is only possible using one of the 18 grounds for eviction set out in schedule 3 of the Act, or one of the 3 additional, temporary grounds for eviction introduced by the Cost of Living (Tenant Protection) (Scotland) Xxx 0000. This can happen either:- o By the Landlord giving the Tenant a Notice to Leave stating one or more of the eviction grounds, and the Tenant choosing to leave. In this case, the tenancy will come to an end on the day specified in the Notice to Leave, or the day on which the Tenant actually leaves the Let Property, whichever is the later. or:- o By the Landlord giving the Tenant a Notice to Leave stating one or more of the eviction grounds and then, if the Tenant chooses not to leave on the day after the notice period expires, subsequently obtaining an eviction order from the Tribunal on the stated eviction ground(s). In this case, the tenancy will come to an end on the date specified in the eviction order. The Landlord can bring the tenancy to an end only if one of the 18 eviction grounds for in schedule 3 to the 2016 Act applies. For the period when the Cost of Living (Tenant Protection) (Scotland) Act 2022 is in force, 3 additional, temporary eviction grounds will apply. These have been temporarily added to schedule 3 of the 2016 Act. If the Landlord serves a Notice to Leave on the Tenant, he or she must specify which eviction ground(s) is being used, and give the reasons why they believe this eviction ground applies. If the Landlord applies to the Tribunal for an eviction order, the Tribunal will ask the Landlord to provide supporting evidence for any eviction ground(s) being used. The amount of notice a Landlord must give the Tenant will depend on which eviction ground is being used by the Landlord and how long the Tenant has lived in the Let Property. The Landlord must give the Tenant at least 28 days’ notice if, on the day the Tenant receives the Notice to Leave, the Tenant has been entitled to occupy the Let Property for six months or less, or if the eviction ground (or grounds) that the Landlord is stating is one or more of the following. The Tenant: ▪ is not occupying the Let Property as his or her only or principal home ▪ has breached the tenancy agreement ▪ is in rent arrears for three or more consecutive months ▪ has a relevant criminal conviction ▪ has engaged in relevant antisocial behaviour ▪ has associated with a person who has a relevant conviction or has engaged in antisocial behaviour. The Landlord must give the Tenant at least 84 days’ notice if, on the date the Tenant receives the Notice to Leave, the Tenant has been entitled to occupy the Let Property for over six months and the Notice to Leave does not rely exclusively on one (or more) of the eviction grounds already mentioned in this paragraph. The Landlord must secure repossession only by lawful means and must comply with all relevant legislation affecting private residential tenancies. SCHEDULE 3 TO THE ACT to the act – EVICTION GROUNDS All eviction grounds are discretionary. This means that the First-tier Tribunal (Housing and Property Chamber) are able to exercise discretion and take into account of the circumstances of a case when deciding whether to grant an eviction or not. Schedule 3 sets out the 18 grounds under which a Landlord may seek eviction. Mandatory Eviction Grounds If the Tribunal is satisfied that any of the mandatory eviction grounds exists, it must issue an eviction order. The eight mandatory grounds are: • The Landlord intends to sell the Let Property for market value within three months of the Tenant ceasing to occupy it. • The Landlord intends to sell the Let Property to alleviate financial hardship. • Let Property to be sold by the mortgage lender. • The Landlord intends to refurbish and this will entail significantly disruptive works to, or in relation to, the Let Property. • The Landlord intends to live in the Let Property as his or her only or principal home. • The Landlord intends to live in the Let Property to alleviate financial hardship. • The Landlord intends to use the Let Property for a purpose other than providing a person with a home. • The Let Property is held for a person engaged in the work of a religious denomination as a residence from which the duties of such a person are to be performed; the Let Property has previously been used for that purpose; and the Let Property is required for that purpose. • The Tenant is not occupying the Let Property as his or her only or principal home or has abandoned the Let Property. • After the start date of the tenancy, the Tenant is convicted of using, or allowing the use of, the Let Property for an immoral or illegal purpose, or is convicted of an imprisonable offence committed in or in the locality of the Let Property. The application must usually be made within 12 months of the Tenant’s conviction. Discretionary Eviction Grounds: Even if the Tribunal is satisfied that a discretionary ground exists, it will still have discretion on whether to issue an eviction order. The eight discretionary grounds are: • A member of the Landlord’s family intends to live in the Let Property as his or her only or principal home. • The tenancy was entered into on account of the Tenant having an assessed need for community care and the Tenant has since been assessed as no longer having such need. • The Tenant has breached the tenancy agreement – this excludes the payment of rent. • The Tenant has acted in an antisocial manner to another person and the Tribunal is satisfied that it is reasonable to issue an eviction order given the nature of the behaviour and who it was in relation to or where it occurred. The application must usually be made within 12 months of the antisocial behaviour occurring. • The Tenant is associating in the Let Property with a person who has a relevant conviction or who has engaged in relevant antisocial behaviour. A relevant conviction is a conviction which, if it was the Tenant’s, would entitle the Tribunal to issue an eviction order. Relevant antisocial behaviour means behaviour which, if engaged in by the Tenant, would entitle the Tribunal to issue an eviction order. The application must usually be made within 12 months of the conviction or antisocial behaviour. • Landlord registration has been refused or revoked by a local authority. • House in Multiple Occupation (HMO) license revoked by the local authority. • Overcrowding statutory notice in respect of the Let Property has been served on the Landlord. Eviction grounds with both a mandatory and a discretionary strand. These two eviction grounds have both a mandatory and a discretionary strand, so the Tribunal will have discretion over whether to issue an eviction order in some circumstances, but not in others: • The Tenant is in rent arrears. (This ground is mandatory if, for three or more months, the Tenant has been continuously in arrears of rent and on the day the Tribunal considers the case, the arrears are at least one month’s rent. The Tribunal must also be satisfied that the arrears are not due to a delay or failure in the payment of a relevant benefit. This ground is discretionary if the Tenant has been in arrears of rent for three or more months, and on the first day the Tribunal considers the case, the arrears are less than one month’s rent and the Tribunal is satisfied that it is reasonable on this basis to issue an eviction order. In deciding whether it is reasonable to evict, the Tribunal will consider whether the Tenant being in arrears is due to a delay or failure in the payment of a relevant benefit.) • The tenancy was granted to an employee and the Tenant is no longer an employee. (This ground is mandatory if the application for eviction was made within 12 months of the Tenant ceasing to be - or failing to become - an employee and discretionary if the application is made after the 12 month period has elapsed.) The Tenant agrees to remove all of his or her belongings when the Tenancy ends. The Tenant’s belongings may include personal effects, foodstuffs and consumables, belongings, and any other contents brought in to the Let Property by the Tenant.
Appears in 1 contract
Samples: www.gov.scot
ENDING THE TENANCY. This Tenancy may be ended by:- • The Tenant giving notice to the Landlord o The Tenant giving the Landlord at least 28 days’ notice in writing to terminate the tenancy, or an earlier date if the Landlord is content to waive the minimum 28 day notice period. Where the Landlord agrees to waive the notice period, his or her agreement must be in writing. The tenancy will come to an end on the date specified in the notice or, where appropriate, the earlier date agreed between the Tenant and Landlord. To end a joint tenancy, all the Joint Tenants must agree to end the tenancy. One Joint Tenant cannot terminate the joint tenancy on behalf of all Joint Tenants. • The Landlord giving notice to the Tenant, which is only possible using one of the 18 grounds for eviction set out in schedule 3 of the Act, or one of the 3 additional, temporary grounds for eviction introduced by the Cost of Living (Tenant Protection) (Scotland) Act 2022. This can happen either:- o By the Landlord giving the Tenant a Notice to Leave stating one or more of the eviction grounds, and the Tenant choosing to leave. In this case, the tenancy will come to an end on the day specified in the Notice to Leave, or the day on which the Tenant actually leaves the Let Property, whichever is the later. or:- o By the Landlord giving the Tenant a Notice to Leave stating one or more of the eviction grounds and then, if the Tenant chooses not to leave on the day after the notice period expires, subsequently obtaining an eviction order from the Tribunal on the stated eviction ground(s). In this case, the tenancy will come to an end on the date specified in the eviction order. The Landlord can bring the tenancy to an end only if one of the 18 eviction grounds for in schedule 3 to the 2016 Act applies. For the period when the Cost of Living (Tenant Protection) (Scotland) Act 2022 is in force, 3 additional, temporary eviction grounds will apply. These have been temporarily added to schedule 3 of the 2016 Act. If the Landlord serves a Notice to Leave on the Tenant, he or she must specify which eviction ground(s) is being used, and give the reasons why they believe this eviction ground applies. If the Landlord applies to the Tribunal for an eviction order, the Tribunal will ask the Landlord to provide supporting evidence for any eviction ground(s) being used. The amount of notice a Landlord must give the Tenant will depend on which eviction ground is being used by the Landlord and how long the Tenant has lived in the Let Property. The Landlord must give the Tenant at least 28 days’ notice if, on the day the Tenant receives the Notice to Leave, the Tenant has been entitled to occupy the Let Property for six months or less, or if the eviction ground (or grounds) that the Landlord is stating is one or more of the following. The Tenant: ▪ is not occupying the Let Property as his or her only or principal home ▪ has breached the tenancy agreement ▪ is in rent arrears for three or more consecutive months ▪ has a relevant criminal conviction ▪ has engaged in relevant antisocial behaviour ▪ has associated with a person who has a relevant conviction or has engaged in antisocial behaviour. The Landlord must give the Tenant at least 84 days’ notice if, on the date the Tenant receives the Notice to Leave, the Tenant has been entitled to occupy the Let Property for over six months and the Notice to Leave does not rely exclusively on one (or more) of the eviction grounds already mentioned in this paragraph. The Landlord must secure repossession only by lawful means and must comply with all relevant legislation affecting private residential tenancies. SCHEDULE 3 TO THE ACT to the act – EVICTION GROUNDS All eviction grounds are discretionary. This means that the First-tier Tribunal (Housing and Property Chamber) are able to exercise discretion and take into account of the circumstances of a case when deciding whether to grant an eviction or not. Schedule 3 sets out the 18 grounds under which a Landlord may seek eviction. Mandatory Eviction Grounds If the Tribunal is satisfied that any of the mandatory eviction grounds exists, it must issue an eviction order. The eight mandatory grounds are: • The Landlord intends to sell the Let Property for market value within three months of the Tenant ceasing to occupy it. • The Landlord intends to sell the Let Property to alleviate financial hardship. • Let Property to be sold by the mortgage lender. • The Landlord intends to refurbish and this will entail significantly disruptive works to, or in relation to, the Let Property. • The Landlord intends to live in the Let Property as his or her only or principal home. • The Landlord intends to live in the Let Property to alleviate financial hardship. • The Landlord intends to use the Let Property for a purpose other than providing a person with a home. • The Let Property is held for a person engaged in the work of a religious denomination as a residence from which the duties of such a person are to be performed; the Let Property has previously been used for that purpose; and the Let Property is required for that purpose. • The Tenant is not occupying the Let Property as his or her only or principal home or has abandoned the Let Property. • After the start date of the tenancy, the Tenant is convicted of using, or allowing the use of, the Let Property for an immoral or illegal purpose, or is convicted of an imprisonable offence committed in or in the locality of the Let Property. The application must usually be made within 12 months of the Tenant’s conviction. Discretionary Eviction Grounds: Even if the Tribunal is satisfied that a discretionary ground exists, it will still have discretion on whether to issue an eviction order. The eight discretionary grounds are: • A member of the Landlord’s family intends to live in the Let Property as his or her only or principal home. • The tenancy was entered into on account of the Tenant having an assessed need for community care and the Tenant has since been assessed as no longer having such need. • The Tenant has breached the tenancy agreement – this excludes the payment of rent. • The Tenant has acted in an antisocial manner to another person and the Tribunal is satisfied that it is reasonable to issue an eviction order given the nature of the behaviour and who it was in relation to or where it occurred. The application must usually be made within 12 months of the antisocial behaviour occurring. • The Tenant is associating in the Let Property with a person who has a relevant conviction or who has engaged in relevant antisocial behaviour. A relevant conviction is a conviction which, if it was the Tenant’s, would entitle the Tribunal to issue an eviction order. Relevant antisocial behaviour means behaviour which, if engaged in by the Tenant, would entitle the Tribunal to issue an eviction order. The application must usually be made within 12 months of the conviction or antisocial behaviour. • Landlord registration has been refused or revoked by a local authority. • House in Multiple Occupation (HMO) license revoked by the local authority. • Overcrowding statutory notice in respect of the Let Property has been served on the Landlord. Eviction grounds with both a mandatory and a discretionary strand. These two eviction grounds have both a mandatory and a discretionary strand, so the Tribunal will have discretion over whether to issue an eviction order in some circumstances, but not in others: • The Tenant is in rent arrears. (This ground is mandatory if, for three or more months, the Tenant has been continuously in arrears of rent and on the day the Tribunal considers the case, the arrears are at least one month’s rent. The Tribunal must also be satisfied that the arrears are not due to a delay or failure in the payment of a relevant benefit. This ground is discretionary if the Tenant has been in arrears of rent for three or more months, and on the first day the Tribunal considers the case, the arrears are less than one month’s rent and the Tribunal is satisfied that it is reasonable on this basis to issue an eviction order. In deciding whether it is reasonable to evict, the Tribunal will consider whether the Tenant being in arrears is due to a delay or failure in the payment of a relevant benefit.) • The tenancy was granted to an employee and the Tenant is no longer an employee. (This ground is mandatory if the application for eviction was made within 12 months of the Tenant ceasing to be - or failing to become - an employee and discretionary if the application is made after the 12 month period has elapsed.) The Tenant agrees to remove all of his or her belongings when the Tenancy ends. The Tenant’s belongings may include personal effects, foodstuffs and consumables, belongings, and any other contents brought in to the Let Property by the Tenant.
Appears in 1 contract
Samples: www.gov.scot
ENDING THE TENANCY. This Tenancy may be ended by:- • The Tenant giving notice to the Landlord o The Tenant giving the Landlord at least 28 days’ notice in writing to terminate the tenancy, or an earlier date if the Landlord is content to waive the minimum 28 day notice period. Where the Landlord agrees to waive the notice period, his or her agreement must be in writing. The tenancy will come to an end on the date specified in the notice or, where appropriate, the earlier date agreed between the Tenant and Landlord. To end a joint tenancy, all the Joint Tenants must agree to end the tenancy. One Joint Tenant cannot terminate the joint tenancy on behalf of all Joint Tenants. • The Landlord giving notice to the Tenant, which is only possible using one of the 18 grounds for eviction set out in schedule 3 of the Act. This can happen either:- o By the Landlord giving the Tenant a Notice to Leave stating one or more of the eviction grounds, and the Tenant choosing to leave. In this case, the tenancy will come to an end on the day specified in the Notice to Leave, or the day on which the Tenant actually leaves the Let Property, whichever is the later. or:- o By the Landlord giving the Tenant a Notice to Leave stating one or more of the eviction grounds and then, if the Tenant chooses not to leave on the day after the notice period expires, subsequently obtaining an eviction order from the Tribunal on the stated eviction ground(s). In this case, the tenancy will come to an end on the date specified in the eviction order. The Landlord can bring the tenancy to an end only if one of the 18 grounds for eviction apply. If the Landlord serves a Notice to Leave on the Tenant, he or she must specify which eviction ground(s) is being used, and give the reasons why they believe this eviction ground applies. If the Landlord applies to the Tribunal for an eviction order, the Tribunal will ask the Landlord to provide supporting evidence for any eviction ground(s) being used. The amount of notice a Landlord must give the Tenant will depend on which eviction ground is being used by the Landlord and how long the Tenant has lived in the Let Property. The Landlord must give the Tenant at least 28 days’ notice if, on the day the Tenant receives the Notice to Leave, the Tenant has been entitled to occupy the Let Property for six months or less, or if the eviction ground (or grounds) that the Landlord is stating is one or more of the following. The Tenant: is not occupying the Let Property as his or her only or principal home has breached the tenancy agreement is in rent arrears for three or more consecutive months has a relevant criminal conviction has engaged in relevant antisocial behaviour has associated with a person who has a relevant conviction or has engaged in antisocial behaviour. The Landlord must give the Tenant at least 84 days’ notice if, on the date the Tenant receives the Notice to Leave, the Tenant has been entitled to occupy the Let Property for over six months and the Notice to Leave does not rely exclusively on one (or more) of the eviction grounds already mentioned in this paragraph. The Landlord must secure repossession only by lawful means and must comply with all relevant legislation affecting private residential tenancies. SCHEDULE 3 TO THE ACT – EVICTION GROUNDS Schedule 3 sets out the 18 grounds under which a Landlord may seek eviction. Mandatory Eviction Grounds If the Tribunal is satisfied that any of the mandatory eviction grounds exists, it must issue an eviction order. The eight mandatory grounds are: • The Landlord intends to sell the Let Property for market value within three months of the Tenant ceasing to occupy it. • Let Property to be sold by the mortgage lender. • The Landlord intends to refurbish and this will entail significantly disruptive works to, or in relation to, the Let Property. • The Landlord intends to live in the Let Property as his or her only or principal home. • The Landlord intends to use the Let Property for a purpose other than providing a person with a home. • The Let Property is held for a person engaged in the work of a religious denomination as a residence from which the duties of such a person are to be performed; the Let Property has previously been used for that purpose; and the Let Property is required for that purpose. • The Tenant is not occupying the Let Property as his or her only or principal home or has abandoned the Let Property. • After the start date of the tenancy, the Tenant is convicted of using, or allowing the use of, the Let Property for an immoral or illegal purpose, or is convicted of an imprisonable offence committed in or in the locality of the Let Property. The application must usually be made within 12 months of the Tenant’s conviction. Discretionary Eviction Grounds: Even if the Tribunal is satisfied that a discretionary ground exists, it will still have discretion on whether to issue an eviction order. The eight discretionary grounds are: • A member of the Landlord’s family intends to live in the Let Property as his or her only or principal home. • The tenancy was entered into on account of the Tenant having an assessed need for community care and the Tenant has since been assessed as no longer having such need. • The Tenant has breached the tenancy agreement – this excludes the payment of rent. • The Tenant has acted in an antisocial manner to another person and the Tribunal is satisfied that it is reasonable to issue an eviction order given the nature of the behaviour and who it was in relation to or where it occurred. The application must usually be made within 12 months of the antisocial behaviour occurring. • The Tenant is associating in the Let Property with a person who has a relevant conviction or who has engaged in relevant antisocial behaviour. A relevant conviction is a conviction which, if it was the Tenant’s, would entitle the Tribunal to issue an eviction order. Relevant antisocial behaviour means behaviour which, if engaged in by the Tenant, would entitle the Tribunal to issue an eviction order. The application must usually be made within 12 months of the conviction or antisocial behaviour. • Landlord registration has been refused or revoked by a local authority. • House in Multiple Occupation (HMO) license revoked by the local authority. • Overcrowding statutory notice in respect of the Let Property has been served on the Landlord. Eviction grounds with both a mandatory and a discretionary strand. These two eviction grounds have both a mandatory and a discretionary strand, so the Tribunal will have discretion over whether to issue an eviction order in some circumstances, but not in others: • The Tenant is in rent arrears. (This ground is mandatory if, for three or more months, the Tenant has been continuously in arrears of rent and on the day the Tribunal considers the case, the arrears are at least one month’s rent. The Tribunal must also be satisfied that the arrears are not due to a delay or failure in the payment of a relevant benefit. This ground is discretionary if the Tenant has been in arrears of rent for three or more months, and on the first day the Tribunal considers the case, the arrears are less than one month’s rent and the Tribunal is satisfied that it is reasonable on this basis to issue an eviction order. In deciding whether it is reasonable to evict, the Tribunal will consider whether the Tenant being in arrears is due to a delay or failure in the payment of a relevant benefit.) • The tenancy was granted to an employee and the Tenant is no longer an employee. (This ground is mandatory if the application for eviction was made within 12 months of the Tenant ceasing to be - or failing to become - an employee and discretionary if the application is made after the 12 month period has elapsed.) The Tenant agrees to remove all of his or her belongings when the Tenancy ends. The Tenant’s belongings may include personal effects, foodstuffs and consumables, belongings, and any other contents brought in to the Let Property by the Tenant.GROUNDS
Appears in 1 contract
Samples: arm.primelet.co.uk
ENDING THE TENANCY. This Tenancy may be ended by:- • The Tenant giving notice to the Landlord o The Tenant giving the Landlord at least 28 44 business days’ notice in writing to terminate the tenancytenancy after the initial period of let is over, or an earlier date if the Landlord is content to waive the minimum 28 44 business day notice period. Where the Landlord agrees to waive the notice period, his or her agreement must be in writing. The tenancy will come to an end on the date specified in the notice or, where appropriate, the earlier date agreed between the Tenant and Landlord. To end a joint tenancy, all the Joint Tenants must agree to end the tenancy. One Joint Tenant cannot terminate the joint tenancy on behalf of all Joint Tenants. • The Landlord giving notice to the Tenant, which is only possible using one of the 18 grounds for eviction set out in schedule 3 of the Act. This can happen either:- o By the Landlord giving the Tenant a Notice to Leave stating one or more of the eviction grounds, and the Tenant choosing to leave. In this case, the tenancy will come to an end on the day specified in the Notice to Leave, or the day on which the Tenant actually leaves the Let Property, whichever is the later. or:- o By the Landlord giving the Tenant a Notice to Leave stating one or more of the eviction grounds and then, if the Tenant chooses not to leave on the day after the notice period expires, subsequently obtaining an eviction order from the Tribunal on the stated eviction ground(s). In this case, the tenancy will come to an end on the date specified in the eviction order. The Landlord can bring the tenancy to an end only if one of the 18 grounds for eviction apply. If the Landlord serves a Notice to Leave on the Tenant, he or she must specify which eviction ground(s) is being used, and give the reasons why they believe this eviction ground applies. If the Landlord applies to the Tribunal for an eviction order, the Tribunal will ask the Landlord to provide supporting evidence for any eviction ground(s) being used. The amount of notice a your Landlord must give the Tenant you will depend on which eviction ground is being used by the Landlord and how long the Tenant has lived in the Let Property. The Landlord must give the Tenant at least 28 days’ notice if, on the day the Tenant receives the Notice to Leave, the Tenant has been entitled to occupy the Let Property for six months or less, or if the eviction ground used. The notice period (during COVID-19 emergency procedures) will either be 6 months, 3 months or grounds) that the Landlord is stating is one or more 28 days. Details of the following. The Tenant: is not occupying the Let Property as his or her only or principal home has breached the tenancy agreement is in rent arrears for three or more consecutive months has a relevant criminal conviction has engaged in relevant antisocial behaviour has associated with a person who has a relevant conviction or has engaged in antisocial behaviour. The Landlord amount of notice that your landlord must give the Tenant at least 84 daysyou for each ground are detailed below: Grounds that require 6 months’ notice if, on the date the Tenant receives the Notice to Leave, the Tenant has been entitled to occupy the Let Property for over six months and the Notice to Leave does not rely exclusively on one (or more) of the eviction grounds already mentioned in this paragraph. The Landlord must secure repossession only by lawful means and must comply with all relevant legislation affecting private residential tenancies. SCHEDULE 3 TO THE ACT – EVICTION GROUNDS Schedule 3 sets out the 18 grounds under which a Landlord may seek eviction. Mandatory Eviction Grounds If the Tribunal is satisfied that any of the mandatory eviction grounds exists, it must issue an eviction order. The eight mandatory grounds arenotice: • The Your Landlord intends to sell the Let Property for market value within three months of the Tenant ceasing to occupy it. • The Let Property is to be sold by the mortgage lender. lender • The Your Landlord intends to refurbish and this will entail significantly disruptive works to, or in relation to, the Let Property. • The Landlord intends to live in the Let Property as his or her only or principal home. • The Your Landlord intends to use the Let Property for a non-residential purpose other than providing a person with a home. • The Let Property is held required for a person engaged in the work of a religious denomination as a residence from which the duties of such a person are purpose • You cease to be performed; the Let Property has previously been used for that purpose; and the Let Property is required for that purpose. • The Tenant is not occupying the Let Property as his - or her only or principal home or has abandoned the Let Property. • After the start date fail to become - an employee of the tenancy, the Tenant is convicted Landlord • You no longer need supported accommodation • You have breached a term(s) of using, or allowing the use of, the Let Property for an immoral or illegal purpose, or is convicted of an imprisonable offence committed your tenancy agreement • You are in or in the locality of the Let Property. The application must usually be made within 12 rent arrears over three consecutive months of the Tenant’s conviction. Discretionary Eviction Grounds: Even if the Tribunal is satisfied • An Overcrowding Statutory Notice has been served on your Landlord Grounds that a discretionary ground exists, it will still have discretion on whether to issue an eviction order. The eight discretionary grounds arerequire 3 months’ notice: • A member of the Landlord’s family Your Landlord intends to live in the Let Property as his • Your Landlord’s family member intends to live in the Let Property • Your Landlord has had their registration refused or her only revoked • Your Landlord’s HMO licence has been revoked or principal home. renewal has been refused Ground that requires 28 days’ notice: • The tenancy was entered into on account of the Tenant having an assessed need for community care and the Tenant has since been assessed as no longer having such need. You have a relevant criminal conviction • The Tenant has breached the tenancy agreement – this excludes the payment of rent. • The Tenant has acted You have engaged in an antisocial manner to another person and the Tribunal is satisfied that it is reasonable to issue an eviction order given the nature of the behaviour and who it was in relation to or where it occurred. The application must usually be made within 12 months of the relevant antisocial behaviour occurring. • The Tenant is associating You have associated in the Let Property with a person someone who has a relevant criminal conviction or who has engaged in relevant antisocial behaviour. A relevant conviction is a conviction which, if it was the Tenant’s, would entitle the Tribunal to issue an eviction order. Relevant antisocial behaviour means behaviour which, if engaged in by the Tenant, would entitle the Tribunal to issue an eviction order. The application must usually be made within 12 months of the conviction or antisocial behaviour. • Landlord registration has been refused or revoked by a local authority. • House in Multiple Occupation (HMO) license revoked by the local authority. • Overcrowding statutory notice in respect of You are no longer occupying the Let Property When the Property is occupied by more than one Tenant, when either the Landlord or one Tenant give notice, they agree that they shall simultaneously inform the “remaining” Tenant in writing that notice has been served on regarding a “departing” Tenant. Once the “departing” Tenant’s period of notice ends, the Landlord requires the remaining tenant to take over the whole Flat with immediate effect, unless the Landlord has been prepared to accept a recommendation from the “remaining” Tenant for a “replacement” Tenant for the one who moved out, or unless the “remaining” Tenant themselves have given notice to quit within 11 business days of receiving the “departing” Tenant’s notice. On quitting, Tenant’s are obliged to continue rent payments until the end of their periods of notice, unless agreed otherwise in writing by the Landlord. Eviction grounds with both a mandatory and a discretionary strand. These two eviction grounds have both a mandatory and a discretionary strand, so the Tribunal will have discretion over whether to issue an eviction order in some circumstances, but not in others: • The Tenant is in rent arrears. (This ground is mandatory if, for three or more months, the Tenant has been continuously in arrears of rent and on the day the Tribunal considers the case, the arrears are at least one month’s rent. The Tribunal must also be satisfied that the arrears are not due to a delay or failure in the payment of a relevant benefit. This ground is discretionary if the Tenant has been in arrears of rent for three or more months, and on the first day the Tribunal considers the case, the arrears are less than one month’s rent and the Tribunal is satisfied that it is reasonable on this basis to issue an eviction order. In deciding whether it is reasonable to evict, the Tribunal will consider whether the Tenant being in arrears is due to a delay or failure in the payment of a relevant benefit.) • The tenancy was granted to an employee and the Tenant is no longer an employee. (This ground is mandatory if the application for eviction was made within 12 months of the Tenant ceasing to be - or failing to become - an employee and discretionary if the application is made after the 12 month period has elapsed.) The Tenant agrees to remove all of his or her belongings when the Tenancy ends. The Tenant’s 's belongings may include personal effects, foodstuffs and consumables, belongings, and any other contents brought in to the Let Property by the Tenant. Abandoned belongings: The Tenant will be responsible for meeting all reasonable removal and/or storage charges incurred by the Landlord when belongings are left in the Let Property. The Landlord will remove said belongings and store them for a maximum of one month. The Landlord will notify the Tenant at his last known address. If the belongings are not collected within one month, the Landlord will consider same to be abandoned and will dispose of the items. The tenant will be liable for the reasonable costs of disposal which may be deducted from any funds arising from the sale of the belongings or from the deposit.
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Samples: f01.justanswer.com
ENDING THE TENANCY. This Tenancy may be ended by:- • The Tenant giving notice to the Landlord o The Tenant giving the Landlord at least 28 days’ notice in writing to terminate the tenancy, or an earlier date if the Landlord is content to waive the minimum 28 day notice period. Where the Landlord agrees to waive the notice period, his or her agreement must be in writing. The tenancy will come to an end on the date specified in the notice or, where appropriate, the earlier date agreed between the Tenant and Landlord. To end a joint tenancy, all the Joint Tenants must agree to end the tenancy. One Joint Tenant cannot terminate the joint tenancy on behalf of all Joint Tenants. • The Landlord giving notice to the Tenant, which is only possible using one of the 18 grounds for eviction set out in schedule 3 of the Act. This can happen either:- o By the Landlord giving the Tenant a Notice to Leave stating one or more of the eviction grounds, and the Tenant choosing to leave. In this case, the tenancy will come to an end on the day specified in the Notice to Leave, or the day on which the Tenant actually leaves the Let Property, whichever is the later. or:- o By the Landlord giving the Tenant a Notice to Leave stating one or more of the eviction grounds and then, if the Tenant chooses not to leave on the day after the notice period expires, subsequently obtaining an eviction order from the Tribunal on the stated eviction ground(s). In this case, the tenancy will come to an end on the date specified in the eviction order. The Landlord can bring the tenancy to an end only if one of the 18 grounds for eviction apply. If the Landlord serves a Notice to Leave on the Tenant, he or she must specify which eviction ground(s) is being used, and give the reasons why they believe this eviction ground applies. If the Landlord applies to the Tribunal for an eviction order, the Tribunal will ask the Landlord to provide supporting evidence for any eviction ground(s) being used. The amount of notice a Landlord must give the Tenant will depend on which eviction ground is being used by the Landlord and how long the Tenant has lived in the Let Property. The Landlord must give the Tenant at least 28 days’ notice if, on the day the Tenant receives the Notice to Leave, the Tenant has been entitled to occupy the Let Property for six months or less, or if the eviction ground (or grounds) that the Landlord is stating is one or more of the following. The Tenant: is not occupying the Let Property as his or her only or principal home has breached the tenancy agreement is in rent arrears for three or more consecutive months has a relevant criminal conviction has engaged in relevant antisocial behaviour has associated with a person who has a relevant conviction or has engaged in antisocial behaviour. The Landlord must give the Tenant at least 84 days’ notice if, on the date the Tenant receives the Notice to Leave, the Tenant has been entitled to occupy the Let Property for over six months and the Notice to Leave does not rely exclusively on one (or more) of the eviction grounds already mentioned in this paragraph. The Landlord must secure repossession only by lawful means and must comply with all relevant legislation affecting private residential tenancies. SCHEDULE 3 TO THE ACT – EVICTION GROUNDS Schedule 3 sets out the 18 grounds under which a Landlord may seek eviction. Mandatory Eviction Grounds If the Tribunal is satisfied that any of the mandatory eviction grounds exists, it must issue an eviction order. The eight mandatory grounds are: • The Landlord intends to sell the Let Property for market value within three months of the Tenant ceasing to occupy it. • Let Property to be sold by the mortgage lender. • The Landlord intends to refurbish and this will entail significantly disruptive works to, or in relation to, the Let Property. • The Landlord intends to live in the Let Property as his or her only or principal home. • The Landlord intends to use the Let Property for a purpose other than providing a person with a home. • The Let Property is held for a person engaged in the work of a religious denomination as a residence from which the duties of such a person are to be performed; the Let Property has previously been used for that purpose; and the Let Property is required for that purpose. • The Tenant is not occupying the Let Property as his or her only or principal home or has abandoned the Let Property. • After the start date of the tenancy, the Tenant is convicted of using, or allowing the use of, the Let Property for an immoral or illegal purpose, or is convicted of an imprisonable offence committed in or in the locality of the Let Property. The application must usually be made within 12 months of the Tenant’s conviction. Discretionary Eviction Grounds: Even if the Tribunal is satisfied that a discretionary ground exists, it will still have discretion on whether to issue an eviction order. The eight discretionary grounds are: • A member of the Landlord’s family intends to live in the Let Property as his or her only or principal home. • The tenancy was entered into on account of the Tenant having an assessed need for community care and the Tenant has since been assessed as no longer having such need. • The Tenant has breached the tenancy agreement – this excludes the payment of rent. • The Tenant has acted in an antisocial manner to another person and the Tribunal is satisfied that it is reasonable to issue an eviction order given the nature of the behaviour and who it was in relation to or where it occurred. The application must usually be made within 12 months of the antisocial behaviour occurring. • The Tenant is associating in the Let Property with a person who has a relevant conviction or who has engaged in relevant antisocial behaviour. A relevant conviction is a conviction which, if it was the Tenant’s, would entitle the Tribunal to issue an eviction order. Relevant antisocial behaviour means behaviour which, if engaged in by the Tenant, would entitle the Tribunal to issue an eviction order. The application must usually be made within 12 months of the conviction or antisocial behaviour. • Landlord registration has been refused or revoked by a local authority. • House in Multiple Occupation (HMO) license revoked by the local authority. • Overcrowding statutory notice in respect of the Let Property has been served on the Landlord. Eviction grounds with both a mandatory and a discretionary strand. These two eviction grounds have both a mandatory and a discretionary strand, so the Tribunal will have discretion over whether to issue an eviction order in some circumstances, but not in others: • The Tenant is in rent arrears. (This ground is mandatory if, for three or more months, the Tenant has been continuously in arrears of rent and on the day the Tribunal considers the case, the arrears are at least one month’s rent. The Tribunal must also be satisfied that the arrears are not due to a delay or failure in the payment of a relevant benefit. This ground is discretionary if the Tenant has been in arrears of rent for three or more months, and on the first day the Tribunal considers the case, the arrears are less than one month’s rent and the Tribunal is satisfied that it is reasonable on this basis to issue an eviction order. In deciding whether it is reasonable to evict, the Tribunal will consider whether the Tenant being in arrears is due to a delay or failure in the payment of a relevant benefit.) • The tenancy was granted to an employee and the Tenant is no longer an employee. (This ground is mandatory if the application for eviction was made within 12 months of the Tenant ceasing to be - or failing to become - an employee and discretionary if the application is made after the 12 month period has elapsed.) The Tenant agrees to remove all of his or her belongings when the Tenancy ends. The Tenant’s belongings may include personal effects, foodstuffs and consumables, belongings, and any other contents brought in to the Let Property by the Tenant.GROUNDS
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Samples: www.ritehome.co.uk
ENDING THE TENANCY. This Tenancy may be ended by:- • The Tenant giving notice to the Landlord o The Tenant giving the Landlord at least 28 days’ notice in writing to terminate the tenancy, or an earlier date if the Landlord is content to waive the minimum 28 day notice period. Where the Landlord agrees to waive the notice period, his or her agreement must be in writing. The tenancy will come to an end on the date specified in the notice or, where appropriate, the earlier date agreed between the Tenant and Landlord. To end a joint tenancy, all the Joint Tenants must agree to end the tenancy. One Joint Tenant cannot terminate the joint tenancy on behalf of all Joint Tenants. • The Landlord giving notice to the Tenant, which is only possible using one of the 18 grounds for eviction set out in schedule 3 of the Act. This can happen either:- o By the Landlord giving the Tenant a Notice to Leave stating one or more of the eviction grounds, and the Tenant choosing to leave. In this case, the tenancy will come to an end on the day specified in the Notice to Leave, or the day on which the Tenant actually leaves the Let Property, whichever is the later. or:- o By the Landlord giving the Tenant a Notice to Leave stating one or more of the eviction grounds and then, if the Tenant chooses not to leave on the day after the notice period expires, subsequently obtaining an eviction order from the Tribunal on the stated eviction ground(s). In this case, the tenancy will come to an end on the date specified in the eviction order. The Landlord can bring the tenancy to an end only if one of the 18 grounds for eviction apply. If the Landlord serves a Notice to Leave on the Tenant, he or she must specify which eviction ground(s) is being used, and give the reasons why they believe this eviction ground applies. If the Landlord applies to the Tribunal for an eviction order, the Tribunal will ask the Landlord to provide supporting evidence for any eviction ground(s) being used. The amount of notice a Landlord must give the Tenant will depend on which eviction ground is being used by the Landlord and how long the Tenant has lived in the Let Property. The Landlord must give the Tenant at least 28 days’ notice if, on the day the Tenant receives the Notice to Leave, the Tenant has been entitled to occupy the Let Property for six months or less, or if the eviction ground (or grounds) that the Landlord is stating is one or more of the following. The Tenant: ▪ is not occupying the Let Property as his or her only or principal home ▪ has breached the tenancy agreement ▪ is in rent arrears for three or more consecutive months ▪ has a relevant criminal conviction ▪ has engaged in relevant antisocial behaviour ▪ has associated with a person who has a relevant conviction or has engaged in antisocial behaviour. The Landlord must give the Tenant at least 84 days’ notice if, on the date the Tenant receives the Notice to Leave, the Tenant has been entitled to occupy the Let Property for over six months and the Notice to Leave does not rely exclusively on one (or more) of the eviction grounds already mentioned in this paragraph. The Landlord must secure repossession only by lawful means and must comply with all relevant legislation affecting private residential tenancies. SCHEDULE 3 TO THE ACT – EVICTION GROUNDS Schedule 3 sets out the 18 grounds under which a Landlord may seek eviction. Mandatory Eviction Grounds If the Tribunal is satisfied that any of the mandatory eviction grounds exists, it must issue an eviction order. The eight mandatory grounds are: • The Landlord intends to sell the Let Property for market value within three months of the Tenant ceasing to occupy it. • Let Property to be sold by the mortgage lender. • The Landlord intends to refurbish and this will entail significantly disruptive works to, or in relation to, the Let Property. • The Landlord intends to live in the Let Property as his or her only or principal home. • The Landlord intends to use the Let Property for a purpose other than providing a person with a home. • The Let Property is held for a person engaged in the work of a religious denomination as a residence from which the duties of such a person are to be performed; the Let Property has previously been used for that purpose; and the Let Property is required for that purpose. • The Tenant is not occupying the Let Property as his or her only or principal home or has abandoned the Let Property. • After the start date of the tenancy, the Tenant is convicted of using, or allowing the use of, the Let Property for an immoral or illegal purpose, or is convicted of an imprisonable offence committed in or in the locality of the Let Property. The application must usually be made within 12 months of the Tenant’s conviction. Discretionary Eviction Grounds: Even if the Tribunal is satisfied that a discretionary ground exists, it will still have discretion on whether to issue an eviction order. The eight discretionary grounds are: • A member of the Landlord’s family intends to live in the Let Property as his or her only or principal home. • The tenancy was entered into on account of the Tenant having an assessed need for community care and the Tenant has since been assessed as no longer having such need. • The Tenant has breached the tenancy agreement – this excludes the payment of rent. • The Tenant has acted in an antisocial manner to another person and the Tribunal is satisfied that it is reasonable to issue an eviction order given the nature of the behaviour and who it was in relation to or where it occurred. The application must usually be made within 12 months of the antisocial behaviour occurring. • The Tenant is associating in the Let Property with a person who has a relevant conviction or who has engaged in relevant antisocial behaviour. A relevant conviction is a conviction which, if it was the Tenant’s, would entitle the Tribunal to issue an eviction order. Relevant antisocial behaviour means behaviour which, if engaged in by the Tenant, would entitle the Tribunal to issue an eviction order. The application must usually be made within 12 months of the conviction or antisocial behaviour. • Landlord registration has been refused or revoked by a local authority. • House in Multiple Occupation (HMO) license revoked by the local authority. • Overcrowding statutory notice in respect of the Let Property has been served on the Landlord. Eviction grounds with both a mandatory and a discretionary strand. These two eviction grounds have both a mandatory and a discretionary strand, so the Tribunal will have discretion over whether to issue an eviction order in some circumstances, but not in others: • The Tenant is in rent arrears. (This ground is mandatory if, for three or more months, the Tenant has been continuously in arrears of rent and on the day the Tribunal considers the case, the arrears are at least one month’s rent. The Tribunal must also be satisfied that the arrears are not due to a delay or failure in the payment of a relevant benefit. This ground is discretionary if the Tenant has been in arrears of rent for three or more months, and on the first day the Tribunal considers the case, the arrears are less than one month’s rent and the Tribunal is satisfied that it is reasonable on this basis to issue an eviction order. In deciding whether it is reasonable to evict, the Tribunal will consider whether the Tenant being in arrears is due to a delay or failure in the payment of a relevant benefit.) • The tenancy was granted to an employee and the Tenant is no longer an employee. (This ground is mandatory if the application for eviction was made within 12 months of the Tenant ceasing to be - or failing to become - an employee and discretionary if the application is made after the 12 month period has elapsed.) The Tenant agrees to remove all of his or her belongings when the Tenancy ends. The Tenant’s belongings may include personal effects, foodstuffs and consumables, belongings, and any other contents brought in to the Let Property by the Tenant.GROUNDS
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Samples: primepropertyauctions.co.uk
ENDING THE TENANCY. This Tenancy may be ended by:- • The Tenant giving notice to the Landlord o The Tenant giving the Landlord at least 28 44 business days’ notice in writing to terminate the tenancytenancy after the initial period of let is over, or an earlier date if the Landlord is content to waive the minimum 28 44 business day notice period. Where the Landlord agrees to waive the notice period, his or her agreement must be in writing. The tenancy will come to an end on the date specified in the notice or, where appropriate, the earlier date agreed between the Tenant and Landlord. To end a joint tenancy, all the Joint Tenants must agree to end the tenancy. One Joint Tenant cannot terminate the joint tenancy on behalf of all Joint Tenants. • The Landlord giving notice to the Tenant, which is only possible using one of the 18 grounds for eviction set out in schedule 3 of the Act. This can happen either:- o By the Landlord giving the Tenant a Notice to Leave stating one or more of the eviction grounds, and the Tenant choosing to leave. In this case, the tenancy will come to an end on the day specified in the Notice to Leave, or the day on which the Tenant actually leaves the Let Property, whichever is the later. or:- o By the Landlord giving the Tenant a Notice to Leave stating one or more of the eviction grounds and then, if the Tenant chooses not to leave on the day after the notice period expires, subsequently obtaining an eviction order from the Tribunal on the stated eviction ground(s). In this case, the tenancy will come to an end on the date specified in the eviction order. The Landlord can bring the tenancy to an end only if one of the 18 grounds for eviction apply. If the Landlord serves a Notice to Leave on the Tenant, he or she must specify which eviction ground(s) is being used, and give the reasons why they believe this eviction ground applies. If the Landlord applies to the Tribunal for an eviction order, the Tribunal will ask the Landlord to provide supporting evidence for any eviction ground(s) being used. The amount of notice a your Landlord must give the Tenant you will depend on which eviction ground is being used by the Landlord and how long the Tenant has lived in the Let Property. The Landlord must give the Tenant at least 28 days’ notice if, on the day the Tenant receives the Notice to Leave, the Tenant has been entitled to occupy the Let Property for six months or less, or if the eviction ground used. The notice period (during COVID-19 emergency procedures) will either be 6 months, 3 months or grounds) that the Landlord is stating is one or more 28 days. Details of the following. The Tenant: is not occupying the Let Property as his or her only or principal home has breached the tenancy agreement is in rent arrears for three or more consecutive months has a relevant criminal conviction has engaged in relevant antisocial behaviour has associated with a person who has a relevant conviction or has engaged in antisocial behaviour. The Landlord amount of notice that your landlord must give the Tenant at least 84 daysyou for each ground are detailed below: Grounds that require 6 months’ notice if, on the date the Tenant receives the Notice to Leave, the Tenant has been entitled to occupy the Let Property for over six months and the Notice to Leave does not rely exclusively on one (or more) of the eviction grounds already mentioned in this paragraph. The Landlord must secure repossession only by lawful means and must comply with all relevant legislation affecting private residential tenancies. SCHEDULE 3 TO THE ACT – EVICTION GROUNDS Schedule 3 sets out the 18 grounds under which a Landlord may seek eviction. Mandatory Eviction Grounds If the Tribunal is satisfied that any of the mandatory eviction grounds exists, it must issue an eviction order. The eight mandatory grounds arenotice: • The Your Landlord intends to sell the Let Property for market value within three months of the Tenant ceasing to occupy it. • The Let Property is to be sold by the mortgage lender. lender • The Your Landlord intends to refurbish and this will entail significantly disruptive works to, or in relation to, the Let Property. • The Landlord intends to live in the Let Property as his or her only or principal home. • The Your Landlord intends to use the Let Property for a non-residential purpose other than providing a person with a home. • The Let Property is held required for a person engaged in the work of a religious denomination as a residence from which the duties of such a person are purpose • You cease to be performed; the Let Property has previously been used for that purpose; and the Let Property is required for that purpose. • The Tenant is not occupying the Let Property as his - or her only or principal home or has abandoned the Let Property. • After the start date fail to become - an employee of the tenancy, the Tenant is convicted Landlord • You no longer need supported accommodation • You have breached a term(s) of using, or allowing the use of, the Let Property for an immoral or illegal purpose, or is convicted of an imprisonable offence committed your tenancy agreement • You are in or in the locality of the Let Property. The application must usually be made within 12 rent arrears over three consecutive months of the Tenant’s conviction. Discretionary Eviction Grounds: Even if the Tribunal is satisfied • An Overcrowding Statutory Notice has been served on your Landlord Grounds that a discretionary ground exists, it will still have discretion on whether to issue an eviction order. The eight discretionary grounds arerequire 3 months’ notice: • A member of the Landlord’s family Your Landlord intends to live in the Let Property as his • Your Landlord’s family member intends to live in the Let Property • Your Landlord has had their registration refused or her only revoked • Your Landlord’s HMO licence has been revoked or principal home. renewal has been refused Ground that requires 28 days’ notice: • The tenancy was entered into on account of the Tenant having an assessed need for community care and the Tenant has since been assessed as no longer having such need. You have a relevant criminal conviction • The Tenant has breached the tenancy agreement – this excludes the payment of rent. • The Tenant has acted You have engaged in an antisocial manner to another person and the Tribunal is satisfied that it is reasonable to issue an eviction order given the nature of the behaviour and who it was in relation to or where it occurred. The application must usually be made within 12 months of the relevant antisocial behaviour occurring. • The Tenant is associating You have associated in the Let Property with a person someone who has a relevant criminal conviction or who has engaged in relevant antisocial behaviour. A relevant conviction is a conviction which, if it was the Tenant’s, would entitle the Tribunal to issue an eviction order. Relevant antisocial behaviour means behaviour which, if engaged in by the Tenant, would entitle the Tribunal to issue an eviction order. The application must usually be made within 12 months of the conviction or antisocial behaviour. • Landlord registration has been refused or revoked by a local authority. • House in Multiple Occupation (HMO) license revoked by the local authority. • Overcrowding statutory notice in respect of You are no longer occupying the Let Property When the Property is occupied by more than one Tenant, when either the Landlord or one Tenant give notice, they agree that they shall simultaneously inform the “remaining” Tenant in writing that notice has been served on regarding a “departing” Tenant. Once the “departing” Xxxxxx’s period of notice ends, the Landlord requires the remaining tenant to take over the whole Flat with immediate effect, unless the Landlord has been prepared to accept a recommendation from the “remaining” Tenant for a “replacement” Tenant for the one who moved out, or unless the “remaining” Tenant themselves have given notice to quit within 11 business days of receiving the “departing” Tenant’s notice. On quitting, Xxxxxx’s are obliged to continue rent payments until the end of their periods of notice, unless agreed otherwise in writing by the Landlord. Eviction grounds with both a mandatory and a discretionary strand. These two eviction grounds have both a mandatory and a discretionary strand, so the Tribunal will have discretion over whether to issue an eviction order in some circumstances, but not in others: • The Tenant is in rent arrears. (This ground is mandatory if, for three or more months, the Tenant has been continuously in arrears of rent and on the day the Tribunal considers the case, the arrears are at least one month’s rent. The Tribunal must also be satisfied that the arrears are not due to a delay or failure in the payment of a relevant benefit. This ground is discretionary if the Tenant has been in arrears of rent for three or more months, and on the first day the Tribunal considers the case, the arrears are less than one month’s rent and the Tribunal is satisfied that it is reasonable on this basis to issue an eviction order. In deciding whether it is reasonable to evict, the Tribunal will consider whether the Tenant being in arrears is due to a delay or failure in the payment of a relevant benefit.) • The tenancy was granted to an employee and the Tenant is no longer an employee. (This ground is mandatory if the application for eviction was made within 12 months of the Tenant ceasing to be - or failing to become - an employee and discretionary if the application is made after the 12 month period has elapsed.) The Tenant agrees to remove all of his or her belongings when the Tenancy ends. The Tenant’s 's belongings may include personal effects, foodstuffs and consumables, belongings, and any other contents brought in to the Let Property by the Tenant. Abandoned belongings: The Tenant will be responsible for meeting all reasonable removal and/or storage charges incurred by the Landlord when belongings are left in the Let Property. The Landlord will remove said belongings and store them for a maximum of one month. The Landlord will notify the Tenant at his last known address. If the belongings are not collected within one month, the Landlord will consider same to be abandoned and will dispose of the items. The tenant will be liable for the reasonable costs of disposal which may be deducted from any funds arising from the sale of the belongings or from the deposit.
Appears in 1 contract
Samples: f01.justanswer.com
ENDING THE TENANCY. This Tenancy may be ended by:- • The Tenant giving notice to the Landlord o The Tenant giving the Landlord at least 28 days’ notice in writing to terminate the tenancy, or an earlier date if the Landlord is content to waive the minimum 28 day notice period. Where the Landlord agrees to waive the notice period, his or her agreement must be in writing. The tenancy will come to an end on the date specified in the notice or, where appropriate, the earlier date agreed between the Tenant and Landlord. To end a joint tenancy, all the Joint Tenants must agree to end the tenancy. One Joint Tenant cannot terminate the joint tenancy on behalf of all Joint Tenants. • The Landlord giving notice to the Tenant, which is only possible using one of the 18 grounds for eviction set out in schedule 3 of the Act. This can happen either:- o By the Landlord giving the Tenant a Notice to Leave stating one or more of the eviction grounds, and the Tenant choosing to leave. In this case, the tenancy will come to an end on the day specified in the Notice to Leave, or the day on which the Tenant actually leaves the Let Property, whichever is the later. o By the Landlord giving the Tenant a Notice to Leave stating one or more of the eviction grounds and then, if the Tenant chooses not to leave on the day after the notice period expires, subsequently obtaining an eviction order from the Tribunal on the stated eviction ground(s). In this case, the tenancy will come to an end on the date specified in the eviction order. The Landlord can bring the tenancy to an end only if one of the 18 grounds for eviction apply. If the Landlord serves a Notice to Leave on the Tenant, he or she must specify which eviction ground(s) is being used, and give the reasons why they believe this eviction ground applies. If the Landlord applies to the Tribunal for an eviction order, the Tribunal will ask the Landlord to provide supporting evidence for any eviction ground(s) being used. The amount of notice a Landlord must give the Tenant will depend on which eviction ground is being used by the Landlord and how long the Tenant has lived in the Let Property. The Landlord must give the Tenant at least 28 days’ notice if, on the day the Tenant receives the Notice to Leave, the Tenant has been entitled to occupy the Let Property for six months or less, or if the eviction ground (or grounds) that the Landlord is stating is one or more of the following. The Tenant: is not occupying the Let Property as his or her only or principal home has breached the tenancy agreement is in rent arrears for three or more consecutive months has a relevant criminal conviction has engaged in relevant antisocial behaviour has associated with a person who has a relevant conviction or has engaged in antisocial behaviour. The Landlord must give the Tenant at least 84 days’ notice if, on the date the Tenant receives the Notice to Leave, the Tenant has been entitled to occupy the Let Property for over six months and the Notice to Leave does not rely exclusively on one (or more) of the eviction grounds already mentioned in this paragraph. The Landlord must secure repossession only by lawful means and must comply with all relevant legislation affecting private residential tenancies. SCHEDULE 3 TO THE ACT – EVICTION GROUNDS All eviction grounds are discretionary. This means that the First-tier Tribunal (Housing and Property Chamber) are able to exercise discretion and take into account of the circumstances of a case when deciding whether to grant an eviction or not. Schedule 3 sets out the 18 grounds under which a Landlord may seek eviction. Mandatory Eviction Grounds If the Tribunal is satisfied that any of the mandatory eviction grounds exists, it must issue an eviction order. The eight mandatory grounds are: • The Landlord intends to sell the Let Property for market value within three months of the Tenant ceasing to occupy it. • Let Property to be sold by the mortgage lender. • The Landlord intends to refurbish and this will entail significantly disruptive works to, or in relation to, the Let Property. • The Landlord intends to live in the Let Property as his or her only or principal home. • The Landlord intends to live in the Let Property to alleviate financial hardship. The Landlord intends to use the Let Property for a purpose other than providing a person with a home. • The Let Property is held for a person engaged in the work of a religious denomination as a residence from which the duties of such a person are to be performed; the Let Property has previously been used for that purpose; and the Let Property is required for that purpose. • The Tenant is not occupying the Let Property as his or her only or principal home or has abandoned the Let Property. • After the start date of the tenancy, the Tenant is convicted of using, or allowing the use of, the Let Property for an immoral or illegal purpose, or is convicted of an imprisonable offence committed in or in the locality of the Let Property. The application must usually be made within 12 months of the Tenant’s conviction. Discretionary Eviction Grounds: Even if the Tribunal is satisfied that a discretionary ground exists, it will still have discretion on whether to issue an eviction order. The eight discretionary grounds are: • A member of the Landlord’s family intends to live in the Let Property as his or her only or principal home. • The tenancy was entered into on account of the Tenant having an assessed need for community care and the Tenant has since been assessed as no longer having such need. • The Tenant has breached the tenancy agreement – this excludes the payment of rent. • The Tenant has acted in an antisocial manner to another person and the Tribunal is satisfied that it is reasonable to issue an eviction order given the nature of the behaviour and who it was in relation to or where it occurred. The application must usually be made within 12 months of the antisocial behaviour occurring. • The Tenant is associating in the Let Property with a person who has a relevant conviction or who has engaged in relevant antisocial behaviour. A relevant conviction is a conviction which, if it was the Tenant’s, would entitle the Tribunal to issue an eviction order. Relevant antisocial behaviour means behaviour which, if engaged in by the Tenant, would entitle the Tribunal to issue an eviction order. The application must usually be made within 12 months of the conviction or antisocial behaviour. • Landlord registration has been refused or revoked by a local authority. • House in Multiple Occupation (HMO) license revoked by the local authority. • Overcrowding statutory notice in respect of the Let Property has been served on the Landlord. Eviction grounds with both a mandatory and a discretionary strand. These two eviction grounds have both a mandatory and a discretionary strand, so the Tribunal will have discretion over whether to issue an eviction order in some circumstances, but not in others: • The Tenant is in rent arrears. (This ground is mandatory if, for three or more months, the Tenant has been continuously in arrears of rent and on the day the Tribunal considers the case, the arrears are at least one month’s rent. The Tribunal must also be satisfied that the arrears are not due to a delay or failure in the payment of a relevant benefit. This ground is discretionary if the Tenant has been in arrears of rent for three or more months, and on the first day the Tribunal considers the case, the arrears are less than one month’s rent and the Tribunal is satisfied that it is reasonable on this basis to issue an eviction order. In deciding whether it is reasonable to evict, the Tribunal will consider whether the Tenant being in arrears is due to a delay or failure in the payment of a relevant benefit.) • The Tenant is in substantial rent arrears (equivalent to 6 months’ worth of rent arrears The tenancy was granted to an employee and the Tenant is no longer an employee. (This ground is mandatory if the application for eviction was made within 12 months of the Tenant ceasing to be - or failing to become - an employee and discretionary if the application is made after the 12 month period has elapsedlapsed.) The Tenant agrees to remove all of his or her belongings when the Tenancy ends. The Tenant’s belongings may include personal effects, foodstuffs and consumables, belongings, and any other contents brought in to the Let Property by the Tenant.)
Appears in 1 contract
ENDING THE TENANCY. This Tenancy may be ended by:- • The Tenant giving notice to the Landlord o The Tenant giving the Landlord at least 28 days’ notice in writing to terminate the tenancy, or an earlier date if the Landlord is content to waive the minimum 28 day notice period. Where the Landlord agrees to waive the notice period, his or her agreement must be in writing. The tenancy will come to an end on the date specified in the notice or, where appropriate, the earlier date agreed between the Tenant and Landlord. To end a joint tenancy, all the Joint Tenants must agree to end the tenancy. One Joint Tenant cannot terminate the joint tenancy on behalf of all Joint Tenants. • The Landlord giving notice to the Tenant, which is only possible using one of the 18 grounds for eviction set out in schedule 3 of the Act. This can happen either:- o By the Landlord giving the Tenant a Notice to Leave stating one or more of the eviction grounds, and the Tenant choosing to leave. In this case, the tenancy will come to an end on the day specified in the Notice to Leave, or the day on which the Tenant actually leaves the Let Property, whichever is the later. • or:- o By the Landlord giving the Tenant a Notice to Leave stating one or more of the eviction grounds and then, if the Tenant chooses not to leave on the day after the notice period expires, subsequently obtaining an eviction order from the Tribunal on the stated eviction ground(s). In this case, the tenancy will come to an end on the date specified in the eviction order. The Landlord can bring the tenancy to an end only if one of the 18 grounds for eviction apply. If the Landlord serves a Notice to Leave on the Tenant, he or she must specify which eviction ground(s) is being used, and give the reasons why they believe this eviction ground applies. If the Landlord applies to the Tribunal for an eviction order, the Tribunal will ask the Landlord to provide supporting evidence for any eviction ground(s) being used. The amount of notice a Landlord must give the Tenant will depend on which eviction ground is being used by the Landlord and how long the Tenant has lived in the Let Property. The Landlord must give the Tenant at least 28 days’ notice if, on the day the Tenant receives the Notice to Leave, the Tenant has been entitled to occupy the Let Property for six months or less, or if the eviction ground (or grounds) that the Landlord is stating is one or more of the following. The Tenant: ▪ is not occupying the Let Property as his or her only or principal home ▪ has breached the tenancy agreement ▪ is in rent arrears for three or more consecutive months ▪ has a relevant criminal conviction ▪ has engaged in relevant antisocial behaviour ▪ has associated with a person who has a relevant conviction or has engaged in antisocial behaviour. The Landlord must give the Tenant at least 84 days’ notice if, on the date the Tenant receives the Notice to Leave, the Tenant has been entitled to occupy the Let Property for over six months and the Notice to Leave does not rely exclusively on one (or more) of the eviction grounds already mentioned in this paragraph. The Landlord must secure repossession only by lawful means and must comply with all relevant legislation affecting private residential tenancies. SCHEDULE 3 TO THE ACT – EVICTION GROUNDS Schedule 3 sets out the 18 grounds under which a Landlord may seek eviction. Mandatory Eviction Grounds If the Tribunal is satisfied that any of the mandatory eviction grounds exists, it must issue an eviction order. The eight mandatory grounds are: • The Landlord intends to sell the Let Property for market value within three months of the Tenant ceasing to occupy it. • Let Property to be sold by the mortgage lender. • The Landlord intends to refurbish and this will entail significantly disruptive works to, or in relation to, the Let Property. • The Landlord intends to live in the Let Property as his or her only or principal home. • The Landlord intends to use the Let Property for a purpose other than providing a person with a home. • The Let Property is held for a person engaged in the work of a religious denomination as a residence from which the duties of such a person are to be performed; the Let Property has previously been used for that purpose; and the Let Property is required for that purpose. • The Tenant is not occupying the Let Property as his or her only or principal home or has abandoned the Let Property. • After the start date of the tenancy, the Tenant is convicted of using, or allowing the use of, the Let Property for an immoral or illegal purpose, or is convicted of an imprisonable offence committed in or in the locality of the Let Property. The application must usually be made within 12 months of the Tenant’s conviction. Discretionary Eviction Grounds: Even if the Tribunal is satisfied that a discretionary ground exists, it will still have discretion on whether to issue an eviction order. The eight discretionary grounds are: • A member of the Landlord’s family intends to live in the Let Property as his or her only or principal home. • The tenancy was entered into on account of the Tenant having an assessed need for community care and the Tenant has since been assessed as no longer having such need. • The Tenant has breached the tenancy agreement – this excludes the payment of rent. • The Tenant has acted in an antisocial manner to another person and the Tribunal is satisfied that it is reasonable to issue an eviction order given the nature of the behaviour and who it was in relation to or where it occurred. The application must usually be made within 12 months of the antisocial behaviour occurring. • The Tenant is associating in the Let Property with a person who has a relevant conviction or who has engaged in relevant antisocial behaviour. A relevant conviction is a conviction which, if it was the Tenant’s, would entitle the Tribunal to issue an eviction order. Relevant antisocial behaviour means behaviour which, if engaged in by the Tenant, would entitle the Tribunal to issue an eviction order. The application must usually be made within 12 months of the conviction or antisocial behaviour. • Landlord registration has been refused or revoked by a local authority. • House in Multiple Occupation (HMO) license revoked by the local authority. • Overcrowding statutory notice in respect of the Let Property has been served on the Landlord. Eviction grounds with both a mandatory and a discretionary strand. These two eviction grounds have both a mandatory and a discretionary strand, so the Tribunal will have discretion over whether to issue an eviction order in some circumstances, but not in others: • The Tenant is in rent arrears. (This ground is mandatory if, for three or more months, the Tenant has been continuously in arrears of rent and on the day the Tribunal considers the case, the arrears are at least one month’s rent. The Tribunal must also be satisfied that the arrears are not due to a delay or failure in the payment of a relevant benefit. This ground is discretionary if the Tenant has been in arrears of rent for three or more months, and on the first day the Tribunal considers the case, the arrears are less than one month’s rent and the Tribunal is satisfied that it is reasonable on this basis to issue an eviction order. In deciding whether it is reasonable to evict, the Tribunal will consider whether the Tenant being in arrears is due to a delay or failure in the payment of a relevant benefit.) • The tenancy was granted to an employee and the Tenant is no longer an employee. (This ground is mandatory if the application for eviction was made within 12 months of the Tenant ceasing to be - or failing to become - an employee and discretionary if the application is made after the 12 month period has elapsed.) The Tenant agrees to remove all of his or her belongings when the Tenancy ends. The Tenant’s belongings may include personal effects, foodstuffs and consumables, belongings, and any other contents brought in to the Let Property by the Tenant.
Appears in 1 contract
Samples: pbonlineassets.blob.core.windows.net
ENDING THE TENANCY. This Tenancy may be ended by:- • The Tenant giving notice to the Landlord o The Tenant giving the Landlord at least 28 days’ notice in writing to terminate the tenancy, or an earlier date if the Landlord is content to waive the minimum 28 day notice period. Where the Landlord agrees to waive the notice period, his or her agreement must be in writing. The tenancy will come to an end on the date specified in the notice or, where appropriate, the earlier date agreed between the Tenant and Landlord. To end a joint tenancy, all the Joint Tenants must agree to end the tenancy. One Joint Tenant cannot terminate the joint tenancy on behalf of all Joint Tenants. • The Landlord giving notice to the Tenant, which is only possible using one of the 18 grounds for eviction set out in schedule 3 of the Act. This can happen either:- o By the Landlord giving the Tenant a Notice to Leave stating one or more of the eviction grounds, and the Tenant choosing to leave. In this case, the tenancy will come to an end on the day specified in the Notice to Leave, or the day on which the Tenant actually leaves the Let Property, whichever is the later. or:- o By the Landlord giving the Tenant a Notice to Leave stating one or more of the eviction grounds and then, if the Tenant chooses not to leave on the day after the notice period expires, subsequently obtaining an eviction order from the Tribunal on the stated eviction ground(s). In this case, the tenancy will come to an end on the date specified in the eviction order. The Landlord can bring the tenancy to an end only if one of the 18 grounds for eviction apply. If the Landlord serves a Notice to Leave on the Tenant, he or she must specify which eviction ground(s) is being used, and give the reasons why they believe this eviction ground applies. If the Landlord applies to the Tribunal for an eviction order, the Tribunal will ask the Landlord to provide supporting evidence for any eviction ground(s) being used. The amount of notice a your Landlord must give the Tenant you will depend on which eviction ground is being used by the Landlord and how long the Tenant has lived in the Let Property. The Landlord must give the Tenant at least 28 days’ notice if, on the day the Tenant receives the Notice to Leave, the Tenant has been entitled to occupy the Let Property for six months or less, or if the eviction ground used. The notice period (during COVID-19 emergency procedures) will either be 6 months, 3 months or grounds) that the Landlord is stating is one or more 28 days. Details of the following. The Tenant: is not occupying the Let Property as his or her only or principal home has breached the tenancy agreement is in rent arrears for three or more consecutive months has a relevant criminal conviction has engaged in relevant antisocial behaviour has associated with a person who has a relevant conviction or has engaged in antisocial behaviour. The Landlord amount of notice that your landlord must give the Tenant at least 84 daysyou for each ground are detailed below: Grounds that require 6 months’ notice if, on the date the Tenant receives the Notice to Leave, the Tenant has been entitled to occupy the Let Property for over six months and the Notice to Leave does not rely exclusively on one (or more) of the eviction grounds already mentioned in this paragraph. The Landlord must secure repossession only by lawful means and must comply with all relevant legislation affecting private residential tenancies. SCHEDULE 3 TO THE ACT – EVICTION GROUNDS Schedule 3 sets out the 18 grounds under which a Landlord may seek eviction. Mandatory Eviction Grounds If the Tribunal is satisfied that any of the mandatory eviction grounds exists, it must issue an eviction order. The eight mandatory grounds arenotice: • The Your Landlord intends to sell the Let Property for market value within three months of the Tenant ceasing to occupy it. • The Let Property is to be sold by the mortgage lender. • The lender Your Landlord intends to refurbish and this will entail significantly disruptive works to, or in relation to, the Let Property. • The Landlord intends to live in the Let Property as his or her only or principal home. • The Your Landlord intends to use the Let Property for a non-residential purpose other than providing a person with a home. • The Let Property is held for a person engaged in the work of a religious denomination as a residence from which the duties of such a person are to be performed; the Let Property has previously been used for that purpose; and the Let Property is required for that purpose. • The Tenant is not occupying the Let Property as his a religious purpose You cease to be - or her only or principal home or has abandoned the Let Property. • After the start date fail to become - an employee of the tenancy, the Tenant is convicted Landlord You no longer need supported accommodation You have breached a term(s) of using, or allowing the use of, the Let Property for an immoral or illegal purpose, or is convicted of an imprisonable offence committed your tenancy agreement You are in or in the locality of the Let Property. The application must usually be made within 12 rent arrears over three consecutive months of the Tenant’s conviction. Discretionary Eviction Grounds An Overcrowding Statutory Notice has been served on your Landlord Grounds that require 3 months’ notice: Even if the Tribunal is satisfied that a discretionary ground exists, it will still have discretion on whether to issue an eviction order. The eight discretionary grounds are: • A member of the Landlord’s family Your Landlord intends to live in the Let Property as his Your Landlord’s family member intends to live in the Let Property Your Landlord has had their registration refused or her only revoked Your Landlord’s HMO licence has been revoked or principal home. • The tenancy was entered into on account of the Tenant having an assessed need for community care and the Tenant renewal has since been assessed as no longer having such need. • The Tenant has breached the tenancy agreement – this excludes the payment of rent. • The Tenant has acted refused Ground that requires 28 days’ notice: You have a relevant criminal conviction You have engaged in an antisocial manner to another person and the Tribunal is satisfied that it is reasonable to issue an eviction order given the nature of the behaviour and who it was in relation to or where it occurred. The application must usually be made within 12 months of the relevant antisocial behaviour occurring. • The Tenant is associating You have associated in the Let Property with a person someone who has a relevant criminal conviction or who has engaged in relevant antisocial behaviour. A relevant conviction is a conviction which, if it was the Tenant’s, would entitle the Tribunal to issue an eviction order. Relevant antisocial behaviour means behaviour which, if engaged in by the Tenant, would entitle the Tribunal to issue an eviction order. The application must usually be made within 12 months of the conviction or antisocial behaviour. • Landlord registration has been refused or revoked by a local authority. • House in Multiple Occupation (HMO) license revoked by the local authority. • Overcrowding statutory notice in respect of You are no longer occupying the Let Property has been served on the Landlord. Eviction grounds with both a mandatory and a discretionary strand. These two eviction grounds have both a mandatory and a discretionary strand, so the Tribunal will have discretion over whether to issue an eviction order in some circumstances, but not in others: • The Tenant is in rent arrears. (This ground is mandatory if, for three or more months, the Tenant has been continuously in arrears of rent and on the day the Tribunal considers the case, the arrears are at least one month’s rent. The Tribunal must also be satisfied that the arrears are not due to a delay or failure in the payment of a relevant benefit. This ground is discretionary if the Tenant has been in arrears of rent for three or more months, and on the first day the Tribunal considers the case, the arrears are less than one month’s rent and the Tribunal is satisfied that it is reasonable on this basis to issue an eviction order. In deciding whether it is reasonable to evict, the Tribunal will consider whether the Tenant being in arrears is due to a delay or failure in the payment of a relevant benefit.) • The tenancy was granted to an employee and the Tenant is no longer an employee. (This ground is mandatory if the application for eviction was made within 12 months of the Tenant ceasing to be - or failing to become - an employee and discretionary if the application is made after the 12 month period has elapsed.) The Tenant agrees to remove all of his or her belongings when the Tenancy ends. The Tenant’s belongings may include personal effects, foodstuffs and consumables, belongings, and any other contents brought in to the Let Property by the Tenant.
Appears in 1 contract
Samples: hunters.staging.rawnet.com
ENDING THE TENANCY. This Tenancy may be ended by:- • The Tenant giving notice to the Landlord o The Tenant giving the Landlord at least 28 days’ notice in writing to terminate the tenancy, or an earlier date if the Landlord is content to waive the minimum 28 day notice period. Where the Landlord agrees to waive the notice period, his or her agreement must be in writing. The tenancy will come to an end on the date specified in the notice or, where appropriate, the earlier date agreed between the Tenant and Landlord. To end a joint tenancy, all the Joint Tenants must agree to end the tenancy. One Joint Tenant cannot terminate the joint tenancy on behalf of all Joint Tenants. • The Landlord giving notice to the Tenant, which is only possible using one of the 18 grounds for eviction set out in schedule 3 of the Act. This can happen either:- o By the Landlord giving the Tenant a Notice to Leave stating one or more of the eviction grounds, and the Tenant choosing to leave. In this case, the tenancy will come to an end on the day specified in the Notice to Leave, or the day on which the Tenant actually leaves the Let Property, whichever is the later. or:- o By the Landlord giving the Tenant a Notice to Leave stating one or more of the eviction grounds and then, if the Tenant chooses not to leave on the day after the notice period expires, subsequently obtaining an eviction order from the Tribunal on the stated eviction ground(s). In this case, the tenancy will come to an end on the date specified in the eviction order. The Landlord can bring the tenancy to an end only if one of the 18 grounds for eviction apply. If the Landlord serves a Notice to Leave on the Tenant, he or she must specify which eviction ground(s) is being used, and give the reasons why they believe this eviction ground applies. If the Landlord applies to the Tribunal for an eviction order, the Tribunal will ask the Landlord to provide supporting evidence for any eviction ground(s) being used. The amount of notice a your Landlord must give the Tenant you will depend on which eviction ground is being used by the Landlord and how long the Tenant has lived in the Let Property. The Landlord must give the Tenant at least 28 days’ notice if, on the day the Tenant receives the Notice to Leave, the Tenant has been entitled to occupy the Let Property for six months or less, or if the eviction ground used. The notice period (during COVID-19 emergency procedures) will either be 6 months, 3 months or grounds) that the Landlord is stating is one or more 28 days. Details of the following. The Tenant: is not occupying the Let Property as his or her only or principal home has breached the tenancy agreement is in rent arrears for three or more consecutive months has a relevant criminal conviction has engaged in relevant antisocial behaviour has associated with a person who has a relevant conviction or has engaged in antisocial behaviour. The Landlord amount of notice that your landlord must give the Tenant at least 84 daysyou for each ground are detailed below: Grounds that require 6 months’ notice if, on the date the Tenant receives the Notice to Leave, the Tenant has been entitled to occupy the Let Property for over six months and the Notice to Leave does not rely exclusively on one (or more) of the eviction grounds already mentioned in this paragraph. The Landlord must secure repossession only by lawful means and must comply with all relevant legislation affecting private residential tenancies. SCHEDULE 3 TO THE ACT – EVICTION GROUNDS Schedule 3 sets out the 18 grounds under which a Landlord may seek eviction. Mandatory Eviction Grounds If the Tribunal is satisfied that any of the mandatory eviction grounds exists, it must issue an eviction order. The eight mandatory grounds arenotice: • The Your Landlord intends to sell the Let Property for market value within three months of the Tenant ceasing to occupy it. • The Let Property is to be sold by the mortgage lender. lender • The Your Landlord intends to refurbish and this will entail significantly disruptive works to, or in relation to, the Let Property. • The Landlord intends to live in the Let Property as his or her only or principal home. • The Your Landlord intends to use the Let Property for a non-residential purpose other than providing a person with a home. • The Let Property is held required for a person engaged in the work of a religious denomination as a residence from which the duties of such a person are purpose • You cease to be performed; the Let Property has previously been used for that purpose; and the Let Property is required for that purpose. • The Tenant is not occupying the Let Property as his - or her only or principal home or has abandoned the Let Property. • After the start date fail to become - an employee of the tenancy, the Tenant is convicted Landlord • You no longer need supported accommodation • You have breached a term(s) of using, or allowing the use of, the Let Property for an immoral or illegal purpose, or is convicted of an imprisonable offence committed your tenancy agreement • You are in or in the locality of the Let Property. The application must usually be made within 12 rent arrears over three consecutive months of the Tenant’s conviction. Discretionary Eviction Grounds: Even if the Tribunal is satisfied • An Overcrowding Statutory Notice has been served on your Landlord Grounds that a discretionary ground exists, it will still have discretion on whether to issue an eviction order. The eight discretionary grounds arerequire 3 months’ notice: • A member of the Landlord’s family Your Landlord intends to live in the Let Property as his • Your Landlord’s family member intends to live in the Let Property • Your Landlord has had their registration refused or her only revoked • Your Landlord’s HMO licence has been revoked or principal home. renewal has been refused Ground that requires 28 days’ notice: • The tenancy was entered into on account of the Tenant having an assessed need for community care and the Tenant has since been assessed as no longer having such need. You have a relevant criminal conviction • The Tenant has breached the tenancy agreement – this excludes the payment of rent. • The Tenant has acted You have engaged in an antisocial manner to another person and the Tribunal is satisfied that it is reasonable to issue an eviction order given the nature of the behaviour and who it was in relation to or where it occurred. The application must usually be made within 12 months of the relevant antisocial behaviour occurring. • The Tenant is associating You have associated in the Let Property with a person someone who has a relevant criminal conviction or who has engaged in relevant antisocial behaviour. A relevant conviction is a conviction which, if it was the Tenant’s, would entitle the Tribunal to issue an eviction order. Relevant antisocial behaviour means behaviour which, if engaged in by the Tenant, would entitle the Tribunal to issue an eviction order. The application must usually be made within 12 months of the conviction or antisocial behaviour. • Landlord registration has been refused or revoked by a local authority. • House in Multiple Occupation (HMO) license revoked by the local authority. • Overcrowding statutory notice in respect of You are no longer occupying the Let Property has been served on the Landlord. Eviction grounds with both a mandatory and a discretionary strand. These two eviction grounds have both a mandatory and a discretionary strand, so the Tribunal will have discretion over whether to issue an eviction order in some circumstances, but not in others: • The Tenant is in rent arrears. (This ground is mandatory if, for three or more months, the Tenant has been continuously in arrears of rent and on the day the Tribunal considers the case, the arrears are at least one month’s rent. The Tribunal must also be satisfied that the arrears are not due to a delay or failure in the payment of a relevant benefit. This ground is discretionary if the Tenant has been in arrears of rent for three or more months, and on the first day the Tribunal considers the case, the arrears are less than one month’s rent and the Tribunal is satisfied that it is reasonable on this basis to issue an eviction order. In deciding whether it is reasonable to evict, the Tribunal will consider whether the Tenant being in arrears is due to a delay or failure in the payment of a relevant benefit.) • The tenancy was granted to an employee and the Tenant is no longer an employee. (This ground is mandatory if the application for eviction was made within 12 months of the Tenant ceasing to be - or failing to become - an employee and discretionary if the application is made after the 12 month period has elapsed.) The Tenant agrees to remove all of his or her belongings when the Tenancy ends. The Tenant’s belongings may include personal effects, foodstuffs and consumables, belongings, and any other contents brought in to the Let Property by the Tenant.
Appears in 1 contract
Samples: www.hunters.com
ENDING THE TENANCY. This Tenancy may be ended by:- • The Tenant giving notice to the Landlord o The Tenant giving the Landlord at least 28 days’ notice in writing to terminate the tenancy, or an earlier date if the Landlord is content to waive the minimum 28 day notice period. Where the Landlord agrees to waive the notice period, his or her agreement must be in writing. The tenancy will come to an end on the date specified in the notice or, where appropriate, the earlier date agreed between the Tenant and Landlord. To end a joint tenancy, all the Joint Tenants must agree to end the tenancy. One Joint Tenant cannot terminate the joint tenancy on behalf of all Joint Tenants. • The Landlord giving notice to the Tenant, which is only possible using one of the 18 grounds for eviction set out in schedule 3 of the Act, or one of the 3 additional, temporary grounds for eviction introduced by the Cost of Living (Tenant Protection) (Scotland) Act 2022. This can happen either:- o By the Landlord giving the Tenant a Notice to Leave stating one or more of the eviction grounds, and the Tenant choosing to leave. In this case, the tenancy will come to an end on the day specified in the Notice to Leave, or the day on which the Tenant actually leaves the Let Property, whichever is the later. or:- o By the Landlord giving the Tenant a Notice to Leave stating one or more of the eviction grounds and then, if the Tenant chooses not to leave on the day after the notice period expires, subsequently obtaining an eviction order from the Tribunal on the stated eviction ground(s). In this case, the tenancy will come to an end on the date specified in the eviction order. The Landlord can bring the tenancy to an end only if one of the 18 eviction grounds for in schedule 3 to the 2016 Act applies. For the period when the Cost of Living (Tenant Protection) (Scotland) Act 2022 is in force, 3 additional, temporary eviction apply. If grounds will apply These have been temporarily added to schedule 3 of the Landlord serves a Notice to Leave on the Tenant, he or she must specify which eviction ground(s) is being used, and give the reasons why they believe this eviction ground applies2016 Act. If the Landlord applies to the Tribunal for an eviction order, the Tribunal will ask the Landlord to provide supporting evidence for any eviction ground(s) being used. The amount of notice a Landlord must give the Tenant will depend on which eviction ground is being used by the Landlord and how long the Tenant has lived in the Let Property. The Landlord must give the Tenant at least 28 days’ notice if, on the day the Tenant receives the Notice to Leave, the Tenant has been entitled to occupy the Let Property for six months or less, or if the eviction ground (or grounds) that the Landlord is stating is one or more of the following. The Tenant: ▪ is not occupying the Let Property as his or her only or principal home ▪ has breached the tenancy agreement ▪ is in rent arrears for three or more consecutive months ▪ has a relevant criminal conviction ▪ has engaged in relevant antisocial behaviour ▪ has associated with a person who has a relevant conviction or has engaged in antisocial behaviour. The Landlord must give the Tenant at least 84 days’ notice if, on the date the Tenant receives the Notice to Leave, the Tenant has been entitled to occupy the Let Property for over six months and the Notice to Leave does not rely exclusively on one (or more) of the eviction grounds already mentioned in this paragraph. The Landlord must secure repossession only by lawful means and must comply with all relevant legislation affecting private residential tenancies. SCHEDULE 3 TO THE ACT – EVICTION GROUNDS All eviction grounds are discretionary. This means that the First-tier Tribunal (Housing and Property Chamber) are able to exercise discretion and take into account the circumstances of a case when deciding whether to grant an eviction or not. Schedule 3 sets out the 18 grounds under which a Landlord may seek eviction. Mandatory Eviction Grounds If the Tribunal is satisfied that any of the mandatory eviction grounds exists, it must issue an eviction order. The eight mandatory grounds are: • The Landlord intends to sell the Let Property for market value within three months of the Tenant ceasing to occupy it. • The Landlord intends to sell the Let Property to alleviate financial hardship. • Let Property to be sold by the mortgage lender. • The Landlord intends to refurbish and this will entail significantly disruptive works to, or in relation to, the Let Property. • The Landlord intends to live in the Let Property as his or her only or principal home. • The Landlord intends to live in the Let Property to alleviate financial hardship. • The Landlord intends to use the Let Property for a purpose other than providing a person with a home. • The Let Property is held for a person engaged in the work of a religious denomination as a residence from which the duties of such a person are to be performed; the Let Property has previously been used for that purpose; and the Let Property is required for that purpose. • The Tenant is not occupying the Let Property as his or her only or principal home or has abandoned the Let Property. • After the start date of the tenancy, the Tenant is convicted of using, or allowing the use of, the Let Property for an immoral or illegal purpose, or is convicted of an imprisonable offence committed in or in the locality of the Let Property. The application must usually be made within 12 months of the Tenant’s conviction. Discretionary Eviction Grounds: Even if the Tribunal is satisfied that a discretionary ground exists, it will still have discretion on whether to issue an eviction order. The eight discretionary grounds are: • A member of the Landlord’s family intends to live in the Let Property as his or her only or principal home. • The tenancy was entered into on account of the Tenant having an assessed need for community care and the Tenant has since been assessed as no longer having such need. • The Tenant has breached the tenancy agreement – this excludes the payment of rent. • The Tenant has acted in an antisocial manner to another person and the Tribunal is satisfied that it is reasonable to issue an eviction order given the nature of the behaviour and who it was in relation to or where it occurred. The application must usually be made within 12 months of the antisocial behaviour occurring. • The Tenant is associating in the Let Property with a person who has a relevant conviction or who has engaged in relevant antisocial behaviour. A relevant conviction is a conviction which, if it was the Tenant’s, would entitle the Tribunal to issue an eviction order. Relevant antisocial behaviour means behaviour which, if engaged in by the Tenant, would entitle the Tribunal to issue an eviction order. The application must usually be made within 12 months of the conviction or antisocial behaviour. • Landlord registration has been refused or revoked by a local authority. • House in Multiple Occupation (HMO) license revoked by the local authority. • Overcrowding statutory notice in respect of the Let Property has been served on the Landlord. Eviction grounds with both a mandatory and a discretionary strand. These two eviction grounds have both a mandatory and a discretionary strand, so the Tribunal will have discretion over whether to issue an eviction order in some circumstances, but not in others: • The Tenant is in rent arrears. (This ground is mandatory if, for three or more months, the Tenant has been continuously in arrears of rent and on the day the Tribunal considers the case, the arrears are at least one month’s rent. The Tribunal must also be satisfied that the arrears are not due to a delay or failure in the payment of a relevant benefit. This ground is discretionary if the Tenant has been in arrears of rent for three or more months, and on the first day the Tribunal considers the case, the arrears are less than one month’s rent and the Tribunal is satisfied that it is reasonable on this basis to issue an eviction order. In deciding whether it is reasonable to evict, the Tribunal will consider whether the Tenant being in arrears is due to a delay or failure in the payment of a relevant benefit.) • The tenancy was granted to an employee and the Tenant is no longer an employee. (This ground is mandatory if the application for eviction was made within 12 months of the Tenant ceasing to be - or failing to become - an employee and discretionary if the application is made after the 12 month period has elapsed.) The Tenant agrees to remove all of his or her belongings when the Tenancy ends. The Tenant’s belongings may include personal effects, foodstuffs and consumables, belongings, and any other contents brought in to the Let Property by the Tenant.
Appears in 1 contract
Samples: Tenancy Agreement
ENDING THE TENANCY. This Tenancy may be ended by:- • The Tenant giving notice to the Landlord o The Tenant giving the Landlord at least 28 days’ notice in writing to terminate the tenancy, or an earlier date if the Landlord is content to waive the minimum 28 day notice period. Where the Landlord agrees to waive the notice period, his or her agreement must be in writing. The tenancy will come to an end on the date specified in the notice or, where appropriate, the earlier date agreed between the Tenant and Landlord. To end a joint tenancy, all the Joint Tenants must agree to end the tenancy. One Joint Tenant cannot terminate the joint tenancy on behalf of all Joint Tenants. • The Landlord giving notice to the Tenant, which is only possible using one of the 18 grounds for eviction set out in schedule 3 of the Act. This can happen either:- o By the Landlord giving the Tenant a Notice to Leave stating one or more of the eviction grounds, and the Tenant choosing to leave. In this case, the tenancy will come to an end on the day specified in the Notice to Leave, or the day on which the Tenant actually leaves the Let Property, whichever is the later. o or:- By the Landlord giving the Tenant a Notice to Leave stating one or more of the eviction grounds and then, if the Tenant chooses not to leave on the day after the notice period expires, subsequently obtaining an eviction order from the Tribunal on the stated eviction ground(s). In this case, the tenancy will come to an end on the date specified in the eviction order. The Landlord can bring the tenancy to an end only if one of the 18 grounds for eviction apply. If the Landlord serves a Notice to Leave on the Tenant, he or she must specify which eviction ground(s) is being used, and give the reasons why they believe this eviction ground applies. If the Landlord applies to the Tribunal for an eviction order, the Tribunal will ask the Landlord to provide supporting evidence for any eviction ground(s) being used. The amount of notice a Landlord must give the Tenant will depend on which eviction ground is being used by the Landlord and how long the Tenant has lived in the Let Property. The Landlord must give the Tenant at least 28 days’ notice if, on the day the Tenant receives the Notice to Leave, the Tenant has been entitled to occupy the Let Property for six months or less, or if the eviction ground (or grounds) that the Landlord is stating is one or more of the following. The Tenant: is not occupying the Let Property as his or her only or principal home has breached the tenancy agreement is in rent arrears for three or more consecutive months has a relevant criminal conviction has engaged in relevant antisocial behaviour has associated with a person who has a relevant conviction or has engaged in antisocial behaviour. The Landlord must give the Tenant at least 84 days’ notice if, on the date the Tenant receives the Notice to Leave, the Tenant has been entitled to occupy the Let Property for over six months and the Notice to Leave does not rely exclusively on one (or more) of the eviction grounds already mentioned in this paragraph. The Landlord must secure repossession only by lawful means and must comply with all relevant legislation affecting private residential tenancies. SCHEDULE 3 TO THE ACT – EVICTION GROUNDS Schedule 3 sets out the 18 grounds under which a Landlord may seek eviction. Mandatory Eviction Grounds If the Tribunal is satisfied that any of the mandatory eviction grounds exists, it must issue an eviction order. The eight mandatory grounds are: • The Landlord intends to sell the Let Property for market value within three months of the Tenant ceasing to occupy it. • Let Property to be sold by the mortgage lender. • The Landlord intends to refurbish and this will entail significantly disruptive works to, or in relation to, the Let Property. • The Landlord intends to live in the Let Property as his or her only or principal home. • The Landlord intends to use the Let Property for a purpose other than providing a person with a home. • The Let Property is held for a person engaged in the work of a religious denomination as a residence from which the duties of such a person are to be performed; the Let Property has previously been used for that purpose; and the Let Property is required for that purpose. • The Tenant is not occupying the Let Property as his or her only or principal home or has abandoned the Let Property. • After the start date of the tenancy, the Tenant is convicted of using, or allowing the use of, the Let Property for an immoral or illegal purpose, or is convicted of an imprisonable offence committed in or in the locality of the Let Property. The application must usually be made within 12 months of the Tenant’s conviction. Discretionary Eviction Grounds: Even if the Tribunal is satisfied that a discretionary ground exists, it will still have discretion on whether to issue an eviction order. The eight discretionary grounds are: • A member of the Landlord’s family intends to live in the Let Property as his or her only or principal home. • The tenancy was entered into on account of the Tenant having an assessed need for community care and the Tenant has since been assessed as no longer having such need. • The Tenant has breached the tenancy agreement – this excludes the payment of rent. • The Tenant has acted in an antisocial manner to another person and the Tribunal is satisfied that it is reasonable to issue an eviction order given the nature of the behaviour and who it was in relation to or where it occurred. The application must usually be made within 12 months of the antisocial behaviour occurring. • The Tenant is associating in the Let Property with a person who has a relevant conviction or who has engaged in relevant antisocial behaviour. A relevant conviction is a conviction which, if it was the Tenant’s, would entitle the Tribunal to issue an eviction order. Relevant antisocial behaviour means behaviour which, if engaged in by the Tenant, would entitle the Tribunal to issue an eviction order. The application must usually be made within 12 months of the conviction or antisocial behaviour. • Landlord registration has been refused or revoked by a local authority. • House in Multiple Occupation (HMO) license revoked by the local authority. • Overcrowding statutory notice in respect of the Let Property has been served on the Landlord. Eviction grounds with both a mandatory and a discretionary strand. These two eviction grounds have both a mandatory and a discretionary strand, so the Tribunal will have discretion over whether to issue an eviction order in some circumstances, but not in others: • The Tenant is in rent arrears. (This ground is mandatory if, for three or more months, the Tenant has been continuously in arrears of rent and on the day the Tribunal considers the case, the arrears are at least one month’s rent. The Tribunal must also be satisfied that the arrears are not due to a delay or failure in the payment of a relevant benefit. This ground is discretionary if the Tenant has been in arrears of rent for three or more months, and on the first day the Tribunal considers the case, the arrears are less than one month’s rent and the Tribunal is satisfied that it is reasonable on this basis to issue an eviction order. In deciding whether it is reasonable to evict, the Tribunal will consider whether the Tenant being in arrears is due to a delay or failure in the payment of a relevant benefit.) • The tenancy was granted to an employee and the Tenant is no longer an employee. (This ground is mandatory if the application for eviction was made within 12 months of the Tenant ceasing to be - or failing to become - an employee and discretionary if the application is made after the 12 month period has elapsed.) The Tenant agrees to remove all of his or her belongings when the Tenancy ends. The Tenant’s belongings may include personal effects, foodstuffs and consumables, belongings, and any other contents brought in to the Let Property by the Tenant.
Appears in 1 contract
Samples: www.arla.co.uk
ENDING THE TENANCY. This Tenancy may be ended by:- • The Tenant giving notice to the Landlord o The Tenant giving the Landlord at least 28 days’ notice in writing to terminate the tenancy, or an earlier date if the Landlord is content to waive the minimum 28 day notice period. Where the Landlord agrees to waive the notice period, his or her agreement must be in writing. The tenancy will come to an end on the date specified in the notice or, where appropriate, the earlier date agreed between the Tenant and Landlord. To end a joint tenancy, all the Joint Tenants must agree to end the tenancy. One Joint Tenant cannot terminate the joint tenancy on behalf of all Joint Tenants. • The Landlord giving notice to the Tenant, which is only possible using one of the 18 grounds for eviction set out in schedule 3 of the Act. This can happen either:- o By the Landlord giving the Tenant a Notice to Leave stating one or more of the eviction grounds, and the Tenant choosing to leave. In this case, the tenancy will come to an end on the day specified in the Notice to Leave, or the day on which the Tenant actually leaves the Let Property, whichever is the later. o By the Landlord giving the Tenant a Notice to Leave stating one or more of the eviction grounds and then, if the Tenant chooses not to leave on the day after the notice period expires, subsequently obtaining an eviction order from the Tribunal on the stated eviction ground(s). In this case, the tenancy will come to an end on the date specified in the eviction order. The Landlord can bring the tenancy to an end only if one of the 18 grounds for eviction apply. If the Landlord serves a Notice to Leave on the Tenant, he or she must specify which eviction ground(s) is being used, and give the reasons why they believe this eviction ground applies. If the Landlord applies to the Tribunal for an eviction order, the Tribunal will ask the Landlord to provide supporting evidence for any eviction ground(s) being used. The amount of notice a Landlord must give the Tenant will depend on which eviction ground is being used by the Landlord and how long the Tenant has lived in the Let Property. The Landlord must give the Tenant at least 28 days’ notice if, on the day the Tenant receives the Notice to Leave, the Tenant has been entitled to occupy the Let Property for six months or less, or if the eviction ground (or grounds) that the Landlord is stating is one or more of the following. The Tenant: is not occupying the Let Property as his or her only or principal home has breached the tenancy agreement is in rent arrears for three or more consecutive months has a relevant criminal conviction has engaged in relevant antisocial behaviour has associated with a person who has a relevant conviction or has engaged in antisocial behaviour. The Landlord must give the Tenant at least 84 days’ notice if, on the date the Tenant receives the Notice to Leave, the Tenant has been entitled to occupy the Let Property for over six months and the Notice to Leave does not rely exclusively on one (or more) of the eviction grounds already mentioned in this paragraph. The Landlord must secure repossession only by lawful means and must comply with all relevant legislation affecting private residential tenancies. SCHEDULE 3 TO THE ACT – EVICTION GROUNDS Schedule 3 sets out the 18 grounds under which a Landlord may seek eviction. Mandatory Eviction Grounds If the Tribunal is satisfied that any of the mandatory eviction grounds exists, it must issue an eviction order. The eight mandatory grounds are: • The Landlord intends to sell the Let Property for market value within three months of the Tenant ceasing to occupy it. • Let Property to be sold by the mortgage lender. • The Landlord intends to refurbish and this will entail significantly disruptive works to, or in relation to, the Let Property. • The Landlord intends to live in the Let Property as his or her only or principal home. • The Landlord intends to use the Let Property for a purpose other than providing a person with a home. • The Let Property is held for a person engaged in the work of a religious denomination as a residence from which the duties of such a person are to be performed; the Let Property has previously been used for that purpose; and the Let Property is required for that purpose. • The Tenant is not occupying the Let Property as his or her only or principal home or has abandoned the Let Property. • After the start date of the tenancy, the Tenant is convicted of using, or allowing the use of, the Let Property for an immoral or illegal purpose, or is convicted of an imprisonable offence committed in or in the locality of the Let Property. The application must usually be made within 12 months of the Tenant’s conviction. Discretionary Eviction Grounds: Even if the Tribunal is satisfied that a discretionary ground exists, it will still have discretion on whether to issue an eviction order. The eight discretionary grounds are: • A member of the Landlord’s family intends to live in the Let Property as his or her only or principal home. • The tenancy was entered into on account of the Tenant having an assessed need for community care and the Tenant has since been assessed as no longer having such need. • The Tenant has breached the tenancy agreement – this excludes the payment of rent. • The Tenant has acted in an antisocial manner to another person and the Tribunal is satisfied that it is reasonable to issue an eviction order given the nature of the behaviour and who it was in relation to or where it occurred. The application must usually be made within 12 months of the antisocial behaviour occurring. • The Tenant is associating in the Let Property with a person who has a relevant conviction or who has engaged in relevant antisocial behaviour. A relevant conviction is a conviction which, if it was the Tenant’s, would entitle the Tribunal to issue an eviction order. Relevant antisocial behaviour means behaviour which, if engaged in by the Tenant, would entitle the Tribunal to issue an eviction order. The application must usually be made within 12 months of the conviction or antisocial behaviour. • Landlord registration has been refused or revoked by a local authority. • House in Multiple Occupation (HMO) license revoked by the local authority. • Overcrowding statutory notice in respect of the Let Property has been served on the Landlord. Eviction grounds with both a mandatory and a discretionary strand. These two eviction grounds have both a mandatory and a discretionary strand, so the Tribunal will have discretion over whether to issue an eviction order in some circumstances, but not in others: • The Tenant is in rent arrears. (This ground is mandatory if, for three or more months, the Tenant has been continuously in arrears of rent and on the day the Tribunal considers the case, the arrears are at least one month’s rent. The Tribunal must also be satisfied that the arrears are not due to a delay or failure in the payment of a relevant benefit. This ground is discretionary if the Tenant has been in arrears of rent for three or more months, and on the first day the Tribunal considers the case, the arrears are less than one month’s rent and the Tribunal is satisfied that it is reasonable on this basis to issue an eviction order. In deciding whether it is reasonable to evict, the Tribunal will consider whether the Tenant being in arrears is due to a delay or failure in the payment of a relevant benefit.) • The tenancy was granted to an employee and the Tenant is no longer an employee. (This ground is mandatory if the application for eviction was made within 12 months of the Tenant ceasing to be - or failing to become - an employee and discretionary if the application is made after the 12 month period has elapsed.) The Tenant agrees to remove all of his or her belongings when the Tenancy ends. The Tenant’s belongings may include personal effects, foodstuffs and consumables, belongings, and any other contents brought in to the Let Property by the Tenant.
Appears in 1 contract
ENDING THE TENANCY. This Tenancy may be ended by:- • The Tenant giving notice to the Landlord o The Tenant giving the Landlord at least 28 days’ notice in writing to terminate the tenancy, or an earlier date if the Landlord is content to waive the minimum 28 day notice period. Where the Landlord agrees to waive the notice period, his or her agreement must be in writing. The tenancy will come to an end on the date specified in the notice or, where appropriate, the earlier date agreed between the Tenant and Landlord. To end a joint tenancy, all the Joint Tenants must agree to end the tenancy. One Joint Tenant cannot terminate the joint tenancy on behalf of all Joint Tenants. • The Landlord giving notice to the Tenant, which is only possible using one of the 18 grounds for eviction set out in schedule 3 of the Act. This can happen either:- o By the Landlord giving the Tenant a Notice to Leave stating one or more of the eviction grounds, and the Tenant choosing to leave. In this case, the tenancy will come to an end on the day specified in the Notice to Leave, or the day on which the Tenant actually leaves the Let Property, whichever is the later. or:- o By the Landlord giving the Tenant a Notice to Leave stating one or more of the eviction grounds and then, if the Tenant chooses not to leave on the day after the notice period expires, subsequently obtaining an eviction order from the Tribunal on the stated eviction ground(s). In this case, the tenancy will come to an end on the date specified in the eviction order. The Landlord can bring the tenancy to an end only if one of the 18 grounds for eviction apply. If the Landlord serves a Notice to Leave on the Tenant, he or she must specify which eviction ground(s) is being used, and give the reasons why they believe this eviction ground applies. If the Landlord applies to the Tribunal for an eviction order, the Tribunal will ask the Landlord to provide supporting evidence for any eviction ground(s) being used. The Tenant agrees to remove all of his or her belongings when the Tenancy ends. The Tenant's belongings may include personal effects, foodstuffs and consumables, belongings, and any other contents brought in to the Let Property by the Tenant. Notice periods from 30 March 2022 onwards This Tenancy may be ended by:- • The Tenant giving notice to the Landlord o The Tenant giving the Landlord at least 28 days’ notice in writing to terminate the tenancy, or an earlier date if the Landlord is content to waive the minimum 28 day notice period. Where the Landlord agrees to waive the notice period, his or her agreement must be in writing. The tenancy will come to an end on the date specified in the notice or, where appropriate, the earlier date agreed between the Tenant and Landlord. To end a joint tenancy, all the Joint Tenants must agree to end the tenancy. One Joint Tenant cannot terminate the joint tenancy on behalf of all Joint Tenants. • The Landlord giving notice to the Tenant, which is only possible using one of the 18 grounds for eviction set out in schedule 3 of the Act. This can happen either:- o By the Landlord giving the Tenant a Notice to Leave stating one or more of the eviction grounds, and the Tenant choosing to leave. In this case, the tenancy will come to an end on the day specified in the Notice to Leave, or the day on which the Tenant actually leaves the Let Property, whichever is the later. or:- o By the Landlord giving the Tenant a Notice to Leave stating one or more of the eviction grounds and then, if the Tenant chooses not to leave on the day after the notice period expires, subsequently obtaining an eviction order from the Tribunal on the stated eviction ground(s). In this case, the tenancy will come to an end on the date specified in the eviction order. The Landlord can bring the tenancy to an end only if one of the 18 grounds for eviction apply. If the Landlord serves a Notice to Leave on the Tenant, he or she must specify which eviction ground(s) is being used, and give the reasons why they believe this eviction ground applies. If the Landlord applies to the Tribunal for an eviction order, the Tribunal will ask the Landlord to provide supporting evidence for any eviction ground(s) being used. The amount of notice a Landlord must give the Tenant will depend on which eviction ground is being used by the Landlord and how long the Tenant has lived in the Let Property. The Landlord must give the Tenant at least 28 days’ notice if, on the day the Tenant receives the Notice to Leave, the Tenant has been entitled to occupy the Let Property for six months or less, or if the eviction ground (or grounds) that the Landlord is stating is one or more of the following. The Tenant: is not occupying the Let Property as his or her only or principal home has breached the tenancy agreement is in rent arrears for three or more consecutive months has a relevant criminal conviction has engaged in relevant antisocial behaviour has associated with a person who has a relevant conviction or has engaged in antisocial behaviour. The Landlord must give the Tenant at least 84 days’ notice if, on the date the Tenant receives the Notice to Leave, the Tenant has been entitled to occupy the Let Property for over six months and the Notice to Leave does not rely exclusively on one (or more) of the eviction grounds already mentioned in this paragraph. The Landlord must secure repossession only by lawful means and must comply with all relevant legislation affecting private residential tenancies. SCHEDULE 3 TO THE ACT – EVICTION GROUNDS All eviction grounds are discretionary. This means that the First-tier Tribunal (Housing and Property Chamber) are able to exercise discretion and take into account all the circumstances of a case when deciding whether to grant an eviction or not. Schedule 3 sets out the 18 grounds under which a Landlord may seek eviction. Mandatory Eviction Grounds If the Tribunal is satisfied that any of the mandatory eviction grounds exists, it must issue an eviction order. The eight mandatory grounds are: • The Landlord intends to sell the Let Property for market value within three months of the Tenant ceasing to occupy it. • Let Property to be sold by the mortgage lender. • The Landlord intends to refurbish and this will entail significantly disruptive works to, or in relation to, the Let Property. • The Landlord intends to live in the Let Property as his or her only or principal home. • The Landlord intends to use the Let Property for a purpose other than providing a person with a home. • The Let Property is held for a person engaged in the work of a religious denomination as a residence from which the duties of such a person are to be performed; the Let Property has previously been used for that purpose; and the Let Property is required for that purpose. • The Tenant is not occupying the Let Property as his or her only or principal home or has abandoned the Let Property. • After the start date of the tenancy, the Tenant is convicted of using, or allowing the use of, the Let Property for an immoral or illegal purpose, or is convicted of an imprisonable offence committed in or in the locality of the Let Property. The application must usually be made within 12 months of the Tenant’s conviction. Discretionary Eviction Grounds: Even if the Tribunal is satisfied that a discretionary ground exists, it will still have discretion on whether to issue an eviction order. The eight discretionary grounds are: • A member of the Landlord’s family intends to live in the Let Property as his or her only or principal home. • The tenancy was entered into on account of the Tenant having an assessed need for community care and the Tenant has since been assessed as no longer having such need. • The Tenant has breached the tenancy agreement – this excludes the payment of rent. • The Tenant has acted in an antisocial manner to another person and the Tribunal is satisfied that it is reasonable to issue an eviction order given the nature of the behaviour and who it was in relation to or where it occurred. The application must usually be made within 12 months of the antisocial behaviour occurring. • The Tenant is associating in the Let Property with a person who has a relevant conviction or who has engaged in relevant antisocial behaviour. A relevant conviction is a conviction which, if it was the Tenant’s, would entitle the Tribunal to issue an eviction order. Relevant antisocial behaviour means behaviour which, if engaged in by the Tenant, would entitle the Tribunal to issue an eviction order. The application must usually be made within 12 months of the conviction or antisocial behaviour. • Landlord registration has been refused or revoked by a local authority. • House in Multiple Occupation (HMO) license revoked by the local authority. • Overcrowding statutory notice in respect of the Let Property has been served on the Landlord. Eviction grounds with both a mandatory and a discretionary strand. These two eviction grounds have both a mandatory and a discretionary strand, so the Tribunal will have discretion over whether to issue an eviction order in some circumstances, but not in others: • The Tenant is in rent arrears. (This ground is mandatory if, for arrears over three or more consecutive months, the Tenant has been continuously in arrears of rent and on the day the Tribunal considers the case, the arrears are at least one month’s rent. The Tribunal must also be satisfied that the arrears are not due to a delay or failure in the payment of a relevant benefit. This ground is discretionary if the Tenant has been in arrears of rent for three or more months, and on the first day the Tribunal considers the case, the arrears are less than one month’s rent and the Tribunal is satisfied that it is reasonable on this basis to issue an eviction order. In deciding whether it is reasonable to evict, the Tribunal will consider whether the Tenant being in arrears is due to a delay or failure in the payment of a relevant benefit.benefit and the extent the landlord has complied with pre-action requirements for rent arrears as required by the Rent Arrears Pre-Action Requirements (Coronavirus) (Scotland) Regulations 2020. • The tenancy was granted to an employee and the Tenant is no longer an employee. (This ground is mandatory if the application for eviction was made within 12 months of the Tenant ceasing to be - or failing to become - an employee and discretionary if the application is made after the 12 month period has elapsed.) The Tenant agrees to remove all of his or her belongings when the Tenancy ends. The Tenant’s belongings may include personal effects, foodstuffs and consumables, belongings, and any other contents brought in to the Let Property by the Tenant.
Appears in 1 contract
Samples: primepropertyauctions.co.uk
