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Q: What if I have been in the property for less than six months and my Assured Shorthold Tenancy period is not over?

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last updated: 25 Sep 2013 report a problem

If you have an assured shorthold tenancy and have lived in the property for less than six months then the court cannot make a possession order. In other words if you ignore the Section 21 then there is nothing your landlord can do until the six months have passed. Your landlord or letting agent will need to seek legal advice and build a case for having you evicted if they want you to move out before the six months have expired. During this fixed-term your landlord can give you notice to quit only if:

They can legally prove a reason for your eviction (also known as ‘ground for possession’)

The date on which you have to be out is after the fixed-term has ended

There is a ‘break clause’ in your tenancy agreement, meaning a clause that permitted you both to end the tenancy earlier than the stated length of time (usually six months)