In
order to end a tenancy contract, the first step is for the landlord to give notice
(advanced warning) to the tenants.
Strictly
speaking, a notice is a notification to the tenants that if they do not
leave, the landlord can apply to a Court for possession. The only way to
legally evict a tenant who refuses to leave is to apply to a Court for a
Possession Order and for the Court Bailiffs to evict the tenant.
In
practice, most tenants will be advised to leave on or before the expiry date of
a valid notice because if they stay, it will be their responsibility to pay any
Court fees. It is likely that the only time an Assured shorthold tenant would
be advised to stay would be if the landlord had declared that they had legal
grounds for eviction and the tenant disputed that such grounds existed. For
example, if the landlord claimed there were rent arrears and the tenant
disputed this, then the tenant may choose to stay and let a Court decide who is
right.
It
is very important that the correct procedure is followed. Failure to do so is
illegal; it is a criminal offence. The penalty for being convicted is a fine
and/or a prison sentence.
