Rely on the most comprehensive, up-to-date legal content designed and curated by lawyers for lawyers
Work faster and smarter to improve your drafting productivity without increasing risk
Accelerate the creation and use of high quality and trusted legal documents and forms
Streamline how you manage your legal business with proven tools and processes
Manage risk and compliance in your organisation to reduce your risk profile
Stay up to date and informed with insights from our trusted experts, news and information sources
Access the best content in the industry, effortlessly — confident that your news is trustworthy and up to date.
Find up-to-date guidance on points of law and then easily pull up sources to support your advice with Lexis PSL
Check out our straightforward definitions of common legal terms.
Our trusted tax intelligence solutions, highly-regarded exam training and education materials help guide and tutor Tax professionals
Access our unrivalled global news content, business information and analytics solutions
Insurance, risk and compliance intelligence using big data, proprietary linking and advanced analytics.
A leading provider of software platforms for professional services firms
In-depth analysis, commentary and practical information to help you protect your business
LexisNexis Blogs shed light on topics affecting the legal profession and the issues you're facing
Legal professionals trust us to help navigate change. Find out how we help ensure they exceed expectations
Lex Chat is a LexisNexis current affairs podcast sharing insights on topics for the legal profession
Discuss the latest legal developments, ask questions, and share best practice with other LexisPSL subscribers
A contractual residential tenancy of a property in England which falls outside of the Housing Act 1988 (ie an assured or assured shorthold tenancy) or the Rent Acts is likely to be a common law tenancy. The tenant’s rights and obligations under the tenancy will depend upon the terms agreed by the parties.
Where the contractual term of a common law tenancy has expired, the tenant’s right to possession ceases and the landlord is entitled to possession. No notice to quit is required in these circumstances. In the case of a periodic common law tenancy (whether a tenancy which was periodic from its commencement or following the expiry of the fixed term), the landlord must serve a notice to quit giving notice which is equal to a period of the tenancy (but not less than four weeks’ notice) and contain the information required by section 5 of the Protection from Eviction Act 1977.
If a common law tenant fails to vacate at the expiry of the fixed term or following the expiry of the notice period in any notice to quit, the landlord must obtain a possession order from the court. Such proceedings for possession should be brought under CPR 55. The previous stay on possession proceedings ended on 20 September 2020 and since then, a modified possession procedure under CPR 55 has been put in place until 28 March 2021. For further guidance on the modified procedure, see Practice Note: Coronavirus (COVID-19)—implications for property (in particular the section entitled 'Possession claims').
Note that there is a 'truce' on enforcement of residential evictions in England and Wales until 11 January 2021 (subject to any extensions).
For further guidance, see:
• Practice Notes:
◦ A summary of types of private residential tenancies
◦ CPR 55 procedure in relation to residential common law tenancies
• Q&A: Is it correct that the Coronavirus Act 2020 does not affect the notice period required for a common law tenancy eviction and therefore the minimum period required is still four weeks?
• Commentary: 85 Notice to quit—tenancy agreement of residential property subject to the Protection from Eviction Act 1977—tenant or agent to landlord: Encyclopaedia of Forms and Precedents
Free trials are only available to individuals based in the UK
* denotes a required field
0330 161 1234