Bare contractual tenancy

Collapse
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • Bare contractual tenancy

    I have just had an accelerated possession order claim struck out by the court because the rent is more than 25,000 (or would be if I got it!) and therefore the tenancy is not an assured tenancy. CPR 55.11 does not apply. I did serve a notice to quit which gave two months notice and this expired on 30th June 2010. Do I still need a court order and if so, what type of claim do I file?

    I am being hampered by the council who will not re-home the tenant as she is not homeless!!!

    Thanks for any help

  • #2
    Originally posted by CohibaTeguise View Post
    I have just had an accelerated possession order claim struck out by the court because the rent is more than 25,000 (or would be if I got it!) and therefore the tenancy is not an assured tenancy. CPR 55.11 does not apply. I did serve a notice to quit which gave two months notice and this expired on 30th June 2010. Do I still need a court order and if so, what type of claim do I file?

    I am being hampered by the council who will not re-home the tenant as she is not homeless!!!

    Thanks for any help
    You might not have had to served a NTQ as a non-Housing Act tenancy expires by effluxion of time in the absence of any provision within it to end the tenancy. You would still have to go to court to obtain a possession order though and you would use the normal procedure rather then the APP which is only available to ASTs.
    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
      Bare contractual tenancy

      Thank you for your reply. Really appreciate it.

      Am I right in thinking I do not need a reason such as non-payment of two months rent or breach of terms of contact if it is a common law contract - I want to make sure I give the court enough info.

      Also, are my managing agents (Foxton's at fault) since they served the NTQ and clearly did not appreciate the fact the contract was common law (partic since in central London the rents are often higher than the threshold?

      Comment


      • #4
        Yes. As there is no statutory continuation of a non-statutory tenancy, mere expiry suffices.
        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

        Latest Activity

        Collapse

        • S21 and refunds
          tatemono
          Because the poor old OP of THIS THREAD has seen it derailed by a long but nevertheless valid debate/argument/discussion about the interpretation of law, I've started a new thread because the discussion has raised some questions I'd like answers to.

          Say I have a tenant, whose AST started...
          18-08-2017, 05:52 AM
        • Reply to S21 and refunds
          tatemono
          well I kind of hoped that the OP would get their thread back if it was rerouted here but I didn't realise that this really only arises where there is disagreement. Plus the debate over there shows no sign of slowing down despite the OP's plea (in post #39 that he's now confused!).

          Ah w...
          19-08-2017, 12:15 PM
        • Reply to S21 and refunds
          tatemono
          okay... so if I'd asked them to leave in the middle of the period, then I'd have to refund but my example had them leaving at the end so no refund due....
          19-08-2017, 11:35 AM
        • Can Mrs T change locks?
          Berlingogirl
          Mr and Mrs T are splitting up. Mrs T is looking for a new place before giving notice to LL. Mrs T is going to give notice to LL then move immediately to new place. Mr T has mental health issues and verbally intimidates and bullies Mrs T so she needs to get out before he can start on her.

          ...
          19-08-2017, 07:32 AM
        • Reply to Can Mrs T change locks?
          mariner
          Tenancies don't change just because someone (usually LL) changes the locks.
          Mrs T needs specialist advice, as does LL if Mrs T explains her dilemma to him.

          LL could offer Mr T a sole Tenancy after expiry of Mrs T's Notice.
          19-08-2017, 11:28 AM
        • Reply to S21 and refunds
          tatemono
          My example was hypothetical. Both parties have "plans/wishes" and, feelings aside, there are plenty of reasonable situations where a LL might want to ask a decent T to leave their home.

          We have two properties where we might have to do this in the next few years. One involves co-ownership...
          19-08-2017, 11:26 AM
        • Reply to Can Mrs T change locks?
          theartfullodger
          Dunno, apologies, good for you helping. Think she should 'phone Shelter 0808 800 4444, open today
          19-08-2017, 10:11 AM
        • Tenants from Council Waiting List
          wilfred
          If you get tenants from the council waiting list, and the council pay the monthly rent direct to the LL, when their 12 month tenancy comes to an end, do the council still advise them to remain if the tenant has nowhere else to stay? It would be all the same if the LL wanted to sell the property asa...
          17-08-2017, 19:40 PM
        • Reply to Tenants from Council Waiting List
          wilfred
          Thanks for clarifying that for me artfullodger, and I didn't know they were homeless people the council asks LLs to house for 12 months.
          19-08-2017, 10:03 AM
        • Reply to Can Mrs T change locks?
          Berlingogirl
          Artful - It's not that's going to be changing the locks - It's Mrs T.

          I'm not the landlord in this instance. Sorry, I should have made that clear.

          Mrs T is concerned that if Mr T remains in the property after the notice period ends she will be responsible for all the ££££...
          19-08-2017, 08:57 AM
        Working...
        X