Q&As

Does a landlord have to give notice in a specific form and obtain a court order to evict a tenant who has lived with the landlord for 24 years?

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Produced in partnership with Alexander Campbell of Field Court Chambers
Published on LexisPSL on 16/08/2019

The following Property Q&A produced in partnership with Alexander Campbell of Field Court Chambers provides comprehensive and up to date legal information covering:

  • Does a landlord have to give notice in a specific form and obtain a court order to evict a tenant who has lived with the landlord for 24 years?
  • Resident landlords

Does a landlord have to give notice in a specific form and obtain a court order to evict a tenant who has lived with the landlord for 24 years?

Resident landlords

A private sector tenancy granted after the coming into force of the Housing Act 1988 (HA 1988) on 15 January 1989,will usually be an assured tenancy (AT).

For an AT which was entered into after HA 1988, s 96 came into force (on 28 February 1997), the tenancy will automatically be an assured shorthold tenancy, unless the landlord serves a statutory notice providing that it will not be a shorthold tenancy before the tenancy is entered into.

If a tenant has lived in a property for 24 years, then it appears that the tenancy began in 1995. Thus, the tenancy would ordinarily be an AT. However, HA 1988, s 1(2) provides that certain tenancies cannot be assured tenancies:

‘Subject to subsection (3) below, if and so long as a tenancy falls within any paragraph in Part I of Schedule 1 to this Act, it cannot be an assured tenancy…’

HA 1988, Sch 1, para 10 provides that one of the scenarios in which a tenancy cannot be an AT is where there is a resident landlord (meaning that the tenant has a tenancy of part of a building and the landlord occupies another part of the same building as

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