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Question

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

What Notice Should I Serve?

3 Oct 2017 | 3 comments

I have been left a property from my mothers Estate.

My mothers friend lived with her for around 20 years. It was not a romantic relationship and the friend did not pay rent.

How can I obtain vacant possession of the Property?

I do not want to serve notice and imply that he has a tenancy if there is a better option.

Answer

3 Comments

  1. guildy

    Because no rent is payable, the occupier will be excluded from certain parts of the Protection from Eviction Act 1977 – see section 3A

    Therefore a regular letter (no special notice) asking them to vacate will be sufficient in the first instance. It should give them as long as possible. Common law requires “reasonable notice” to be given. We would expect anything between 1 and 2 months should be acceptable.

    Technically a court order may not be required due to being excluded. However, it would be advisable to obtain one in our view if they haven’t gone by the date in the letter. It should be relatively straightforward and there shouldn’t be any defence to possession.

    • Talbots

      Thank you for the reply and I must say that this is a fantastic website and by far my favourite subscription service – so thank you.

      In relation to it being advisable to obtain a possession order. I would presume this could be done online. If so, as no formal S.8 would be served, are we still able to request a possession hearing online?

  2. guildy

    Thank you for your kind comments.

    Unfortunately, because this is not an “normal” tenancy and it’s not based upon rent arrears, there is no online facility.

    You would need to complete the forms and modify them for your very special and unique circumstances.

    The closest one we have is available here

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