Bare contractual tenancy

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    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.

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      #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?

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        #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).

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