Common Law Tenancy And Rent Arrears

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    Common Law Tenancy And Rent Arrears

    Hi

    I have a common law tenancy agreement in place for an apartment.

    The tenant is now in arrears with her rent (over 2 months) and the agreement does not end till the 22nd of October 2010.

    If it was an AST i would have gone down the Sect 8 route and then applied for possession to the courts.

    However, as this type of agreement is not covered by the Housing Act, what is the procedure to evict the tenant?

    I also note that the last page of the agreement says:

    Forfeiture

    10. If at any time the Rent or any part of the Rent shall remain unpaid for 14 days after becoming payable (whether formally or legally demanded or not) or if any agreement or obligation on the Tenants part should not be performed or observed; or if the Premises shall without the consent of the Landlord be left vacant or unoccupied for more than 14 days; then the Landlord may re-enter upon the Premises and thereupon the Tenancy shall be determined but without prejudice to the right of action of the Landlord in respect of the breach of the Tenant's agreements and obligations contained therein.


    What does this mean?

    Thanks

    Wasim

    #2
    It means that you can take back possession but by doing so it does not prevent you from taking action to recover the missing rent.

    Your right to evict are as stated in the contract, however, your actions must not breach the "Protection from Eviction Act 1977"

    Comment


      #3
      Originally posted by Snorkerz View Post
      It means that you can take back possession but by doing so it does not prevent you from taking action to recover the missing rent.

      Your right to evict are as stated in the contract, however, your actions must not breach the "Protection from Eviction Act 1977"
      I agree. Subject to the 1977 Act, and to relief against forfeiture, L can use the Letting Agreement's provisions literally.
      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


        #4
        Just out of interest, how does a LL go about getting a court order for eviction udner a bare contractual tenancy?

        Are there any prescribed forms set out under the PfEA 1977?

        Comment


          #5
          Originally posted by dominic View Post
          Just out of interest, how does a LL go about getting a court order for eviction udner a bare contractual tenancy?

          What is the difference between a common law tenancy and a bare contractual tenancy?

          Comment


            #6
            Originally posted by Thyrsis View Post
            What is the difference between a common law tenancy and a bare contractual tenancy?
            In the vernacular, none.

            But I don't like the expression "common law tenancy", because all tenancies, be they ASTs, bare contractual, regulated, or SATs, are governed and construed in accordance with common law, to a greater or lesser extent.

            So I prefer the term "bare contractual tenancy", where, with the exception of certain statutory limitations such as the PfEA 1977, UCTA 1977 and the UTCCRs 1999 are construed and regulated solely on the basis of English contract law principles (i.e. it does what it says on the tin).

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