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Question

Contractual or Common Law Tenancies (England) | Landlord Wants Tenant to Leave (England) | Types of Tenancies (England)

Resident Landlord Common Law Tenancy Agreement

4 Jan 2017 | 5 comments

What is the position regarding serving notice on this type of agreement to tenants?

Plus it is my understanding that when a deposit is taken under this type of agreement that it doesnt need to be protected correct?

The building (it is not a purpose built block) is It is split into two self-contained flats, since 1970’s. LL lives in ground floor one bed flat, Tenants, live in upper 3 bed flat – All services are separate. There is a common front door, behind which are the two “sub” front doors to upper and ground floor flats. They pay their own utility and other bills including council tax

Answer

5 Comments

  1. guildy

    The notice required is a notice to quit. It must be at least a month (where the rent is calendar monthly) and must expire the day before the rent is due. You should also allow 4 days for service.

    You are correct, the deposit does not need protecting.

    From what you describe, the correct tenancy has been used.

    • eden2011

      Thanks

      Is it one notice per all tenants (there are 4)

      • eden2011

        Plus, im assuming it cant be a accelerated claim correct?

      • guildy

        The notice should match the tenancy. Therefore, if one tenancy with four names, it’s the same for the notice (one notice with all four names listed). If it’s separate tenancies, it will need to be a notice per tenancy.

        • guildy

          Correct, it’s not accelerated as it won’t be a section 21 notice.

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