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1 Comment
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).