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The monthly magazine providing news analysis and professional research for the discerning private investor/landlord

Landlord Legal Issues February 2017

Landlord & tenant lawyer, Tessa Shepperson of www.landlordlaw.co.uk answers your questions

Q. We rent a property to rent out to licensees and our license agreement provides for the occupiers to move out after having received two weeks written notice. One of the occupiers is saying this is invalid. Is he right?

A. Almost certainly yes. First of all – the agreements may actually be tenancies and not licenses. If the occupiers get exclusive occupation of their room at a rent then this will normally be a tenancy. In which case, you can only evict tenants after service of the proper form of notice and after obtaining a court order for possession.

Secondly, even if it is a license, under the Protection from Eviction Act 1977 you will need to serve a Notice to Quit on tenants (which needs to have the prescribed wording) and get a court order to evict. Otherwise it will be an illegal eviction (entitling them to claim for compensation and re-instatement through the courts).

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