Question

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

Trespasser and cohabitee

10 Mar 2018 | 1 comment

Couple, one sole legal owner and the other with no beneficial interest etc… reading shelters website it states this –

If the tenant/licensee wants the partner to leave, all that is legally required is ‘reasonable notice’. Once the notice expires, the non-tenant/non-licensee cohabitant becomes a trespasser.

Is this correct? can trespasser procedure be used? if not (or its risky) what is the best way to evict a cohabitee with no beneficial interest?

Answer

1 Comment

  1. guildy
    guildy on 11/03/2018 at 4:15 pm

    We have no reason to doubt this although it’s a bit out of our field (as we deal with landlord and tenant).

    Trespasser procedure won’t be suitable though because even if they are technically a trespasser, that procedure can’t be used where the occupier was lawfully allowed to enter by someone with a right to possession.

    Therefore, if a court order is being obtained, it would be the normal standard route.

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