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Ending a Tenancy (England) | England | Landlord Wants Tenant to Leave (England)

Which notice do I serve to a non Housing Tenancy Agreement

17 Feb 2021 | 1 comment

My flat was let for 1 yr from 18 Sep 2020 to a restaurant owner under a Non-Housing Act Agreement to house his Chefs listed as 4 permitted occupants – Chefs are not signatories.

There is a break clause after month 4.  I want to invoke the breakclause so I can move back into my property.

There are no issues with the let and rent is paid to date.

My agreement states I may give 2 month’s notice after month 4 – has the notice period been increased under Covid?

Which Notice form do I complete to gain possession?

Which date in the month do I need to serve the Notice?

Thank you

 

 

Answer

1 Comment

  1. guildy

    As a warning, this could get very complex and may need a solicitor to serve notice and commence possession proceedings.

    Initially though, is it just a flat let to the restaurant owner for the purpose of sub-letting to his chefs or, is it a commercial restaurant with flat above and this letting forms part of that commercial lease?

    From what you describe, it sounds like just a flat and we continue on that assumption.

    There’s no change to the notice given to the head tenant (restaurant owner) and we presume that would be the two months by way of a notice to quit. The notice can be given after 4 months from 18 September 2020 according to what you’ve described. A notice to quit must expire the day before a rent is due. However, a break clause must be followed exactly as worded in the lease.

    Assuming all of that goes okay, that will end the head tenancy but won’t necessarily end the tenancy for the occupants.

    We can only assume at this stage that the restaurant owner has given an assured shorthold tenancy to the occupants. Fair enough this might not be in writing but if they are occupying as their only or principal home for a rent, it will be an AST (whatever any document or lack of may claim). They may not be paying rent but if they receive a reduction in salary for the housing, that shortfall will be the rent amount.

    On that assumption, the occupiers become your assured shorthold tenants on the ending of the head tenancy. This law is to protect occupiers from a sub-tenancy ending (s.18 Housing Act 1988).

    Once the head tenancy is ended and they are now your direct tenants, their tenancy will need ending in the usual way (serve a section 21 notice and then obtain possession order).

    There are also other factors to consider too. As there are 4 occupiers, the property will be an HMO. It might not need a licence although that depends on the specific area it’s located and whether there’s additional licensing. However, all the HMO management regulations will need to complied with regardless of whether a licence is needed or not.

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