Eviction - non ast - non periodic - end of term

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  • #1

    Eviction - non ast - non periodic - end of term

    Hi there,

    Can someone please clarify the best procedure to take.

    A tenancy agreement of 1.5years at a value of over £25k/y is coming to an end shortly but the T does not want to move out.

    - The agreement is labelled "TENANCY AGREEMENT for letting on a NON HOUSING ACT TENANCY"

    - There are no notification periods required under the contract except where break clauses are to be exercised, though these options have since expired.

    - The LL has not entered into any other agreements with the T and has advised the T they will not accept any payments outside of the natural termination date so as to avoid a periodic tenancy forming.

    Given these facts some professionals are advising that notice still needs to be given whilst other say it is not a requirement to start court proceedings.

    Is someone able to clarify the situation? to enable the LL to take the fastest route to eviction.

    Thanking you in advance,

    Tags: end of term, eviction, non ast, non periodic
  • #2
    If there is no provision within the tenancy agreement as to how the fixed term might be ended then it will expire by "effluxion of time", and the landlord can commence court proceedings immediately without further notice to gain repossession as soon as the fixed term has expired.
    The advice I give should not be construed as a definitive answer, and is without prejudice or liability. You are advised to consult a specialist solicitor or other person of equal legal standing.

    Comment

    • #3
      Hi Paul,

      Your clarification is much appreciated

      The problem I have now is finding a solicitor with the required knowledge to help me start proceedings. Unfortunately the so called property solicitors I had spoken with so far advised some form of notice to quit first as per standard AST procedure.

      Can you point me in the right direction?

      Kind Regards,

      Comment

      • #4
        I will send you a PM with a recommendation.

        Comment

        • #5
          The point to remember is that the 1988 Act does not apply. T has no continuation tenancy rights. Do not accept post-term-expiry rent from him.
          JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
          1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
          2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
          3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
          4. *- Contact info: click on my name (blue-highlight link).

          Comment

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