Q&As

Is a formal notice to quit required to be served pursuant to the Protection from Eviction Act 1977 before issuing proceedings to evict an almshouse occupant? If so, please confirm the form of notice required.

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Published on LexisPSL on 22/08/2017

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

  • Is a formal notice to quit required to be served pursuant to the Protection from Eviction Act 1977 before issuing proceedings to evict an almshouse occupant? If so, please confirm the form of notice required.

Is a formal notice to quit required to be served pursuant to the Protection from Eviction Act 1977 before issuing proceedings to evict an almshouse occupant? If so, please confirm the form of notice required.

The status of an Almshouse occupier will depend on the nature and circumstances of the occupation. In Watts v Stewart the occupier was found to have been granted a personal licence, rather than a tenancy (see News Analysis: Almsperson did not have security of tenure (Watts v Stewart)). In Gray v Taylor (which was considered in Watts v Stewart), the Court of Appeal found that the almshouse occupier’s right of exclusive possession as beneficiary under a trust was ‘referable to a legal relationship other than a tenancy’.

Note that if the occupation is pursuant to a licence, it cannot be a

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