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Types of tenancy

You and your tenant should sign a tenancy agreement that sets out terms and conditions and your and the tenant’s rights and responsibilities. This is a legal document and your estate agent will usually arrange it for you. If you’re renting privately you should seek legal advice to help you write the agreement.

Your tenancy will be an ‘assured shorthold’ unless you and your tenant agree differently in writing. This means that you:

• have a right to get your home back after six months if you need to
• can charge the going rate for the area
• can get your home back earlier if your tenant owes you rent
• can evict tenants who are causing a nuisance to local people

You and the tenant agree on how long the tenancy lasts. You can agree a set period (known as a 'fixed term') or you can leave it open-ended.

• Assured and Assured Shorthold Tenancies: A guide for landlords Opens new window

Getting your property back

You can end the tenancy without giving a reason after six months or after the agreed fixed term. You need to give your tenant at least two months notice in writing.

You can end the tenancy at any time if you have good reasons for wanting the tenant to leave. This is called grounds for possession and the reasons are set out by law. These are:

• the tenant owes you at least two months or eight weeks rent
• anti social behaviour, for example keeping neighbours awake with music several times a week
• damage by the tenant

You still need to write to your tenant to give them notice. The amount of time you need to give them depends on which reason you are using to evict them.

When tenants won't leave

Most tenants do. You can’t evict a tenant yourself, but you can go to the county court to get your property back. You can either make a claim through the court or use the online service.

Sometimes you can avoid the expense and hassle of going to court and get your home back quicker by using the:

• accelerated possession procedure
• possession claims online service

Accelerated possession procedure

If your tenancy was for a fixed term that is over, you can use the accelerated possession procedure to get your home back plus your costs for using this process. You can’t claim for loss of rent or damages.

Possession claims online

You can use possession claims online (PCOL) to get your home back when the tenant hasn’t paid the rent. You can claim for the rent you are owed, plus interest, and your fees to use this service. You can start the claim online and the system will give you a date for a court hearing.

• Accelerated property possession procedure information Opens new window

• Use possession claims online Opens new window

Risks of leaving a property empty

You can lose over £5,000 a year by leaving your home empty through:

• rent loss
• Council Tax
• insurance
• disrepair
• keeping it secure

You also risk vandalism, squatting and complaints from neighbours.

If you need to repair a property before you can rent it, you can get help from your local council or housing association. They may give you a grant or loan, or arrange to rent and manage the property for you. Check if your local council has an empty property officer who can help you.

• Find your local council

More useful links

• Find a solicitor Opens new window

• Tax on rent from residential property lettings

• Expenses and allowances on income from property