Q&As

I have a client who owns two flats which he leased to a social landlord, who sublet the premises to homeless persons on weekly licenses. The lease had a six-month termination clause. The social landlord has emailed the client to rescind the lease with immediate effect and ceased trading although has not yet gone into liquidation. The keys were returned. My client entered new weekly licenses with the occupant of one of the flats. My client has now served a seven-day notice to quit on the occupant of the other flat and wants possession as soon as possible. Before the social landlord contacted my client, they served a 28-day notice to quit on the occupant. Has the lease been surrendered by operation of law? Is my client able to rely on the notice to quit served by the social landlord, instead of waiting a further 28 days for a new notice to be served?

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Published on LexisPSL on 23/07/2015

The following Property Disputes Q&A provides comprehensive and up to date legal information covering:

  • I have a client who owns two flats which he leased to a social landlord, who sublet the premises to homeless persons on weekly licenses. The lease had a six-month termination clause. The social landlord has emailed the client to rescind the lease with immediate effect and ceased trading although has not yet gone into liquidation. The keys were returned. My client entered new weekly licenses with the occupant of one of the flats. My client has now served a seven-day notice to quit on the occupant of the other flat and wants possession as soon as possible. Before the social landlord contacted my client, they served a 28-day notice to quit on the occupant. Has the lease been surrendered by operation of law? Is my client able to rely on the notice to quit served by the social landlord, instead of waiting a further 28 days for a new notice to be served?
  • What is the status of occupation of the licensees and how can their interest be terminated?
  • Licensee
  • Tenancy
  • Has the lease been surrendered by operation of law and has the occupier’s interest survived the surrender?

I have a client who owns two flats which he leased to a social landlord, who sublet the premises to homeless persons on weekly licenses. The lease had a six-month termination clause. The social landlord has emailed the client to rescind the lease with immediate effect and ceased trading although has not yet gone into liquidation. The keys were returned. My client entered new weekly licenses with the occupant of one of the flats. My client has now served a seven-day notice to quit on the occupant of the other flat and wants possession as soon as possible. Before the social landlord contacted my client, they served a 28-day notice to quit on the occupant. Has the lease been surrendered by operation of law? Is my client able to rely on the notice to quit served by the social landlord, instead of waiting a further 28 days for a new notice to be served?

What is the status of occupation of the licensees and how can their interest be terminated?

Licensee

It should be considered whether or not the properties were occupied under true licences, or whether they were in fact let under tenancies. In that

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