Ask Nik: “Can I get vacant possession early so I can renovate?”
Question from a landlord:
Hi Nik,
I’ve got big plans to renovate one of my rental properties, but the tenants still have nine months left on their fixed-term agreement. I was hoping to get vacant possession sooner so I can crack on with the work. Is there any way around having to wait?
Thanks,
Sean
Nik’s reply:
Hi Sean,
Thanks for getting in touch.
There’s a lesser-known part of the legislation that could be helpful to you: “estate management grounds”. Essentially, they’re nine permitted reasons you can give for needing the property back earlier than planned – even during the fixed term – as they’re related to managing the estate.
Only a couple of the nine are likely to be relevant for
private landlords like yourself:
- You're planning to do
major work – like knocking down part of it, rebuilding, or carrying out
significant renovations – and you can’t reasonably do that while the
tenants are still living there.
- There’s some other strong, practical reason related to managing your property or wider portfolio that means you need the tenants to leave. It could be something to do with that specific property, or it could involve another property.
The latter one is broad and vague, which means it might cover a range of situations – but it also means it’s less clear-cut and could be harder to rely on without good evidence.
If you think either apply to you, you can issue a specific one-month possession notice, even while the tenants are still in their fixed-term. But if the tenant doesn’t move out after that month, you’ll need to apply to court for possession – same as you would with any notice, really.
The court will consider whether you're genuinely relying on the correct ground for possession, and whether suitable alternative accommodation is available for the tenant. That second part is crucial – even if your reason is valid, the judge will not grant possession unless they're satisfied the tenant has somewhere else they can reasonably go. That doesn’t mean you have to personally find the tenant a new home, though. And if the local authority provides a certificate confirming they’ll rehouse the tenant by a specific date, the court must accept that as sufficient.
If/when the judge is satisfied that your reason is genuine and suitable alternative accommodation is available, they are required to grant you possession.
One final thing to keep in mind: if you’re using the second ground I mentioned and the court grants possession, you’ll have to pay the tenant’s reasonable moving costs. But if it’s the first ground, there’s no compensation required.
So, in short – yes, there may be a way to regain possession before the end of the fixed term, but it hinges on your plans, the type of work, and what alternative housing is available for the tenants. It’s definitely a situation where you’ll want everything watertight, because if the court rejects the grounds, you’re back to square one.
We’ve helped a few landlords through this exact process
recently, so if you want me to look at your particular setup – building plans,
contract terms, tenant situation, and so on – I’d be happy to advise on the
best route forward.
Cheers,
Nik
Director of Operations
CPS Homes
P.S. and a slight disclaimer: this isn’t legal advice – it’s just an honest, considered, best-of-my-knowledge answer.
Got a lettings question on your mind? Fire it my way. I’ll always reply privately, and I pick one each month to feature here – always anonymously.
The information contained within this article was correct at the date of publishing and is not guaranteed to remain correct in the present day.
