Q&As

Where a tenant has vacated a property, but their partner, who has learning difficulties, has remained in occupation despite not being named on the tenancy agreement, is it appropriate to serve a notice to quit as a precursor to possession proceedings?

read titleRead full title
Produced in partnership with Georgia Whiting of 4 King’s Bench Walk
Published on LexisPSL on 26/09/2018

The following Property Disputes Q&A produced in partnership with Georgia Whiting of 4 King’s Bench Walk provides comprehensive and up to date legal information covering:

  • Where a tenant has vacated a property, but their partner, who has learning difficulties, has remained in occupation despite not being named on the tenancy agreement, is it appropriate to serve a notice to quit as a precursor to possession proceedings?

Where a tenant has vacated a property, but their partner, who has learning difficulties, has remained in occupation despite not being named on the tenancy agreement, is it appropriate to serve a notice to quit as a precursor to possession proceedings?

This Q&A considers whether it is necessary to serve a notice to quit as a precursor to possession proceedings, in circumstances where the tenant has departed, but has failed to give the landlord vacant possession.

Where a tenancy has been lawfully determined, the tenant’s partner will have no right to remain in occupation of the property. They are, in effect, a trespasser unless the landlord could be said to have granted the occupier a continuing licence in the circumstances.

As the former tenant has not given the landlord vacant possession at the determination of the tenancy, and the property is residential, it will be necessary to obtain a court order for possession in order to comply with the terms of the Protection from Eviction Act 1977.

It does not appear to be absolutely necessary to serve a notice to quit in a scenario such as this, however, there is no harm in doing so as a precursor to possession

Related documents:

Popular documents