Q&As

Where notice is to be given to an occupier who is excluded from the protection of the Protection from Eviction Act 1977 (a family member living with the licensor rent-free and without exclusive possession), is the notice valid for a certain period of time, during which the licensor must take action to recover possession?

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Published on LexisPSL on 22/12/2020

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

  • Where notice is to be given to an occupier who is excluded from the protection of the Protection from Eviction Act 1977 (a family member living with the licensor rent-free and without exclusive possession), is the notice valid for a certain period of time, during which the licensor must take action to recover possession?

Where notice is to be given to an occupier who is excluded from the protection of the Protection from Eviction Act 1977 (a family member living with the licensor rent-free and without exclusive possession), is the notice valid for a certain period of time, during which the licensor must take action to recover possession?

If a licence to occupy residential premises is in place, the licensee will be within the scope of the Protection from Eviction Act 1977 (PEA 1977) unless the licence is an 'excluded licence'. As to the distinction with a lease, see Practice Note: Using licences and tenancies at will and Commentary: Distinguishing between licences and tenancies: Claims to the Possession of Land [A2.1].

The effect of the application of PEA 1977 is that a prescribed form of notice is required to terminate the licence of at least four weeks (PEA 1977, s 5 and the Notices to Quit etc (Prescribed Information) Regulations 1988, SI 1988/2201). At the end of the licence, the landlord may

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