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Question

Landlord Wants Tenant to Leave (England) | Types of Tenancies (England)

possession matter with application for beneficial interest

13 Nov 2017 | 3 comments

couple, not married no children, woman solely on deeds, left 2 years ago and the man stayed behind, woman now wants possession. Man has been paying utility bills by agreement, and he pays no rent.

He paid 5k deposit initially, 12 years ago, another mortgage was taken out 2 years after solely in her name

he is claiming 23k worth of refurb works etc…

is owner entitled to possession and what form of notice should be served?

Answer

3 Comments

  1. guildy

    This would be better dealt with by a solicitor so their insurance can cover any decisions they make.

    It could be either a notice to quit or just a simple letter (we would be nervous about doing a notice to quit as that could imply a tenancy).

    The occupier could argue they are paying rent by way of improvements but on the other hand, no rent may be payable in which case it’s not necessarily a tenancy.

    Could get exceptionally complex!

    • eden2011

      Doenst the fact that she is sole owner mean she is entitled to possession. ?  If a tenancy is implied would t that be a good thing as that would mean a claim be made?

  2. guildy

    That may be the case. It depends what the occupier may argue – such as he was promised to be allowed to live there for 20 years? Given the amount being claimed as being spent on refurbishment that wouldn’t be an out of the way term if it were a tenancy. Or, are the refurb works just for ongoing rent. Or, is non of it relevant and there’s no tenancy at all so just “reasonable” notice required.

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