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Question

Sub-letting and Assigning Tenancies (England)

Do I need a Court Order?

16 May 2018 | 1 comment

Landlord had a tenancy agreement with a tenant that only allowed the tenant to occupy.

Tenancy expired in May 2018. Tenant vacated in April 2018. However, upon vacating he allowed his ex partner (the “Occupier”) to occupy the Property.

Tenant had paid the rent until May 2018. Occupier has paid no rent.

Is a Court Order required to evict the Occupier? If so, what Notice should be served if any? Tenant has confirmed in writing that he has vacated and has alternative accommodation.

I would imagine that the police would not deem the trespass and would claim this is a civil matter.

Answer

1 Comment

  1. guildy

    The occupier would need to be given “reasonable notice” just in the form of a letter and confirming they are not a tenant.

    After expiry, a court order should be obtained because although no rent is payable which excludes them from certain parts of the Protection from Eviction Act 1977, it’s still a criminal offence to take a property back whilst someone is in the property objecting so a court order fixes that problem.

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