1. How to get it right – Brief guide to ending an Assured Shorthold Tenancy
Landlord Services

2. Who we are
Kearns Solicitors is the trading name of Kearns Legal Services Ltd
Kearns Solicitors provide specialist advice to Landlords regarding all aspects of Housing Law from pre-tenancy to recovery of your property and everything in between.
In addition to our in-house team we operate a nationwide advocacy service which enables us to provide a complete service from initial advice through to representation at Court, if required
Kearns Solicitors have a wealth of experience in resolving housing & property disputes and accordingly have established a strong reputation in this field
Kearns Solicitors is a trading style of Kearns Legal Services Ltd a company registered in England and Wales with number
having its registered office address at Brecon House, 3 Caerphilly Business park, Caerphilly, CF83 3GQ.
Kearns is authorised and regulated by the Solicitors Regulation Authority, SRA No

3. What we deliver for our clients:
Fixed and transparent fee structure
Excellent service, both back office and frontline
Fixed Fee Court attendance
Nationwide Court coverage - England & Wales
Extensive & experienced team of Agents
Protection and enhancement of the reputation of our clients
Understanding and meeting each client’s specific needs
Providing the best service possible each and every time
Kearns Solicitors is a trading style of Kearns Legal Services Ltd a company registered in England and Wales with number
having its registered office address at Brecon House, 3 Caerphilly Business park, Caerphilly, CF83 3GQ.
Kearns is authorised and regulated by the Solicitors Regulation Authority, SRA No

4. The Kearns Service: examples of our practice areas
Pre-tenancy Advice
Tenancy Drafting & Review
Rental Repossessions
Section 8 Claims
Section 21 Claims
Section 25 Claims
Notices to Quit
Disrepair
Enforcement Proceedings
Kearns Solicitors is a trading style of Kearns Legal Services Ltd a company registered in England and Wales with number
having its registered office address at Brecon House, 3 Caerphilly Business park, Caerphilly, CF83 3GQ.
Kearns is authorised and regulated by the Solicitors Regulation Authority, SRA No

5. INITIAL CONSIDERATIONS
Once you have identified a willing Tenant for your property, you need to take some time to sit down with them, to carry out the relevant checks, provide certain information and complete the Assured Shorthold Tenancy, ensuring that you have complied with the current legislation.
An Assured Shorthold Tenancy Agreement (“AST”)
An explanation of the Right to Rent Requirements
“How to Rent” Booklet (England only)
Smoke & Carbon Monoxide alarm requirements
Gas and Electricity Safety Leaflet/EPC rating (England only)
Deposit Protection
An Inventory
Beware – the law changes all the time and it is your obligation to make sure you are up to date!
Kearns Solicitors is a trading style of Kearns Legal Services Ltd a company registered in England and Wales with number
having its registered office address at Brecon House, 3 Caerphilly Business park, Caerphilly, CF83 3GQ.
Kearns is authorised and regulated by the Solicitors Regulation Authority, SRA No

6. Ending an Assured Shorthold Tenancy
Section 5 of the Housing Act 1988 sets out the manner in which an AST can be brought to an end.
Surrender
Operation of Law
Implied Surrender - QFS Scaffolding Limited v Sable and another [2010] EWCA Civ 682
Declaration of Surrender
Express Surrender – Entering into a Deed of Surrender
Kearns Solicitors is a trading style of Kearns Legal Services Ltd a company registered in England and Wales with number
having its registered office address at Brecon House, 3 Caerphilly Business park, Caerphilly, CF83 3GQ.
Kearns is authorised and regulated by the Solicitors Regulation Authority, SRA No

7. Ending an Assured Shorthold Tenancy
2. COURT ORDER
The most common basis for seeking to obtain possession of a property by way of Court Order arises from the Tenant failing to vacate the property following service of notice pursuant to Section 8 or Section 21 of the Housing Act (1988)
3. ABANDONMENT
Abandonment is a breach of the tenancy contract as these usually state that the property must not be left unoccupied in excess of two-weeks without informing the Landlord. However, this breach of contract is protected under statutory rules – namely the Protection from Eviction Act 1977.
Kearns Solicitors is a trading style of Kearns Legal Services Ltd a company registered in England and Wales with number
having its registered office address at Brecon House, 3 Caerphilly Business park, Caerphilly, CF83 3GQ.
Kearns is authorised and regulated by the Solicitors Regulation Authority, SRA No

8. Try to reach an agreement with your Tenant
How to get it right
Talk to your Tenant!
Resolving a dispute without going to court makes life a lot easier and can save a lot of money
Try to reach an agreement with your Tenant
Make certain that your Tenant understands the severity of the situation if matters are not resolved
Housing Benefit Tenants
Kearns Solicitors is a trading style of Kearns Legal Services Ltd a company registered in England and Wales with number
having its registered office address at Brecon House, 3 Caerphilly Business park, Caerphilly, CF83 3GQ.
Kearns is authorised and regulated by the Solicitors Regulation Authority, SRA No

9. Ensure you are compliant with Deposit Protection requirements
Government's Tenancy Deposit Scheme came into force on the 6th April Since then, any Tenancy deposits received in connection with an AST must be handled in accordance with one of the Government approved schemes
Section 213(3) and 213(6) of the Housing Act 2004 states that you must:
Register your Tenant’s deposit within 30 days of receipt
Serve upon your Tenant the relevant prescribed Information within 30 days of receipt
FAILURE to comply with the deposit requirements will enable your Tenant to bring a claim against you, pursuant to Sections 214(3) and 214(4) of the Housing Act 2004, for:
Refund of the deposit
A statutory fine of 1-3 times the value of the deposit per breach.
The statutory fine is mandatory with the Judge only having discretion as to the level of that fine per breach within the 1-3 times parameter.
Failure to comply will also render you unable to serve a valid Section 21 Notice upon your Tenant.
Kearns Solicitors is a trading style of Kearns Legal Services Ltd a company registered in England and Wales with number
having its registered office address at Brecon House, 3 Caerphilly Business park, Caerphilly, CF83 3GQ.
Kearns is authorised and regulated by the Solicitors Regulation Authority, SRA No

10. Decide which process to eviction process to pursue
Section 8 Housing Act 1988
Notices must be drafted on the prescribed form (Form 3).
Schedule II sets out 17 grounds to seek possession of your property.
Part I provides the grounds (1-8) on which Court must order possession:
e.g. Ground 8 – two months rent arrears at the time the notice is served and at the date of the hearing
Part II provides the Grounds on which Court may Order Possession (discretionary):
e.g. Ground 14 – antisocial behaviour
Length of the notice is determined by the ground under which possession is sought:
Grounds 3, 4, 8, 10, 11, 12, 13, 15 or 17 – at least 2 weeks
Grounds 1, 2, 5, 6, 7, 9 and 16 – at least 2 months
Ground 14 – you can start proceedings as soon as you have served notice (24 hours)
Kearns Solicitors is a trading style of Kearns Legal Services Ltd a company registered in England and Wales with number
having its registered office address at Brecon House, 3 Caerphilly Business park, Caerphilly, CF83 3GQ.
Kearns is authorised and regulated by the Solicitors Regulation Authority, SRA No

11. Decide which process to eviction process to pursue
Section 21 Housing Act 1988
The Chairman of the London Association of District Judges has said 7 out of 10 of these notices are being thrown out of court because they are wrong.
Grounds
‘No fault’ system unlike the Section 8 process
Section 21(1)b is used when the tenancy is within the fixed term contracted period or where the tenancy agreement has not been renewed and the tenancy is now a periodic one.
Notice under Section 21(4)a is used once a fixed term has become periodic but MUST be used when the tenancy was always a contractual periodic tenancy.
For Section 21 notices relating to ASTs entered since 1 October 2015:
Form 6A is to be used (can also be used for pre 1 October 2015 tenancies)
A valid Section 21 notice requires that the requirements of a tenancy commencing on or after 1 October 2015 have been satisfied
Cannot be served within the 1st four months of an Assured Shorthold Tenancy
Must provide 2 months notice and cannot expire before the end of the fixed term and last for a maximum of 6 months
Kearns Solicitors is a trading style of Kearns Legal Services Ltd a company registered in England and Wales with number
having its registered office address at Brecon House, 3 Caerphilly Business park, Caerphilly, CF83 3GQ.
Kearns is authorised and regulated by the Solicitors Regulation Authority, SRA No

12. Decide which process to eviction process to pursue
Court Procedures
Section 8
Standard possession proceedings – N5
Usually listed for a hearing circa 8 weeks after filing the claim
Witness Statements must be filed prior to the hearing
Section 21
Can use the standard possession or accelerated possession route
Accelerated possession (N5B) can only be used if:
You have a written AST
Can file all required supporting documents with the claim form(e.g. AST, Notice, proof of deposit protection)
Parties to the AST have not changed
Benefit of accelerated proceedings are that there is no hearing and usually a paper based exercise. Disadvantage is that you cannot seek to recover rent arrears or monies due within these proceedings.
Kearns Solicitors is a trading style of Kearns Legal Services Ltd a company registered in England and Wales with number
having its registered office address at Brecon House, 3 Caerphilly Business park, Caerphilly, CF83 3GQ.
Kearns is authorised and regulated by the Solicitors Regulation Authority, SRA No

13. Change the locks or throw your tenant out
What you shouldn’t do
Change the locks or throw your tenant out
Criminal offence and you could be prosecuted.
Tenant can also bring a claim against you for compensation for unlawful eviction.
Take too long to take action
Your Tenant could be damaging your home, increasing rent arrears etc.
3. Breach your obligations as Landlord
Tenants can defend Section 8 proceedings (particularly those based on rent arrears) by claiming that their landlord has failed to meet their obligations
4. Fall foul of the deposit protection rules
The costs of breaching the rules could negate your reasoning for commencing the proceedings in the first instance (e.g. rent arrears)
Kearns Solicitors is a trading style of Kearns Legal Services Ltd a company registered in England and Wales with number
having its registered office address at Brecon House, 3 Caerphilly Business park, Caerphilly, CF83 3GQ.
Kearns is authorised and regulated by the Solicitors Regulation Authority, SRA No

14. On the horizon ….. ‘Right to Rent’ Checks
The Immigration Act 2014 introduced a prohibition on renting premises to individuals to use as their only or main home if they do not have a right to stay in the United Kingdom.
What documents might a Landlord want to see?
Passport
National Identity Card
Residence card or certificate of registration or naturalisation
If none of these are available two other specified documents will satisfy the checks.
There is a full list of acceptable documents in a Code of Practice produced by the Home Office which can be found at
Kearns Solicitors is a trading style of Kearns Legal Services Ltd a company registered in England and Wales with number
having its registered office address at Brecon House, 3 Caerphilly Business park, Caerphilly, CF83 3GQ.
Kearns is authorised and regulated by the Solicitors Regulation Authority, SRA No

15. For a home to be an only or main home it must be either:
RIGHT TO RENT
The rules have applied in England since 1 FEBRUARY 2016 but there is a proposal to extend this to Wales.
The rules apply to Landlords or Agents who have let private rented accommodation to someone as their only or main home on or after 1 December 2016.
For a home to be an only or main home it must be either:
the only property that the person lives in; or
the property that they use for personal, legal or family matters.
A Landlord can receive a civil penalty of up to £3,000 for each adult living in their property who isn't a Relevant National or has no right to rent.
Kearns Solicitors is a trading style of Kearns Legal Services Ltd a company registered in England and Wales with number
having its registered office address at Brecon House, 3 Caerphilly Business park, Caerphilly, CF83 3GQ.
Kearns is authorised and regulated by the Solicitors Regulation Authority, SRA No

16. Legal Services