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Question

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

type of notice for situation

1 Jul 2017 | 1 comment

Owner splits with partner, owner leaves but wants the other to leave and this occupier is paying no rent and and not on deeds and not contributing towards Mortgage, should it be an NTQ? no agreement was made when the owner partner left.

Answer

1 Comment

  1. guildy

    We don’t know that a notice to quit would be suitable as it may imply a tenancy when there isn’t one from what’s described.

    As no rent is payable (in addition to there being no tenancy), it will be an excluded licence/tenancy (see section 3A Protection from Eviction Act 1977).

    An excluded licence/tenancy does not require a notice to quit.

    Under common law though, reasonable notice must be given. We would submit a month would be reasonable in these circumstances. This can be given in just a simple letter form from the landlord. The letter should strongly advise the occupier to take legal advice.

    After the letter has expired, although arguably a court order is not required where it’s an excluded licence/tenancy, it’s also a criminal offence to take possession when somebody objects. Therefore, the safest route is to nonetheless obtain a possession order in the usual way (N5 and N119).

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