IHAVE a number of commercial and residential properties that I let out to tenants with a contract or shorthold tenancy agreement. However, one property is let to a family member, and we never had a contract. I now want to sell that property. Can you advise me on what rights he has as a tenant and what obligations I have as his landlord who wants him to move out?

IF the family member pays rent, then there is an assured shorthold tenancy (AST) in existence. While it is always preferable to have a written agreement, an AST need not be in writing.

All tenancies created on or after February 28, 1997, will be assured shorthold tenancies, whether or not in writing. The tenancy will be a periodic tenancy, running from week to week or month to month depending on how rent is paid.

It is relatively straightforward to obtain possession of a property on a periodic AST.

You need to give at least two months’ written notice of your intention to seek possession, with the notice ending on a rent day.

You are then entitled to apply for a possession order using the accelerated procedure under the court rules.

Provided you have served the notice correctly, then after 14 days you are entitled to an order for possession, although the court can postpone the date for possession for a further 42 days (but no more) if the tenant can show that he will suffer exceptional hardship.

No court attendance is required under this procedure, but you must ensure that you have served the notice correctly. Failure to do so will mean that you are not entitled to a possession order.

It is important to ensure that any notice is served in the correct form and that the notice expires on the correct date.

You must also be absolutely certain that you have complied with the complicated rules on tenancy deposit schemes.

What might seem like a minor failure to comply with the rules may mean that your notice is invalid, and you will not gain possession.

The rules contain traps for the unwary landlord.

Anyone who is in doubt should seek advice from a solicitor on how to proceed.

􀁧 Tom Lisgo is a partner at BHP Law. For more information, call him on 0191-221- 0898.