Q&As

Where there are joint owners of a property (Landlord A and Landlord B), and there is someone occupying the property under a licence, if Landlord A serves a notice to quit on the person occupying the property under a licence, what can Landlord B do in order to prevent the person occupying the property being evicted from the property?

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Published on LexisPSL on 23/07/2015

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

  • Where there are joint owners of a property (Landlord A and Landlord B), and there is someone occupying the property under a licence, if Landlord A serves a notice to quit on the person occupying the property under a licence, what can Landlord B do in order to prevent the person occupying the property being evicted from the property?
  • Assumption
  • Bare licence
  • Can one joint licensor terminate?
  • Method of termination
  • Contractual licence
  • Can one joint licensor terminate?
  • Method of termination
  • Remedies if licence has not been validly terminated

Where there are joint owners of a property (Landlord A and Landlord B), and there is someone occupying the property under a licence, if Landlord A serves a notice to quit on the person occupying the property under a licence, what can Landlord B do in order to prevent the person occupying the property being evicted from the property?

Assumption

This Q&A is written on the assumption that it is a licence rather than a tenancy. In that regard, the court will look at the substance of an agreement in ascertaining its status, not the label the parties give it. If a fixed-term or periodic tenancy is in existence, the method of termination will be different, and if the property is used for the purposes of a business, the tenant is likely to also have security of tenure rights under the Landlord and Tenant Act 1954, Part II. See our Practice Note: Using licences and tenancies at will for further information.

Bare licence

Can one joint licensor terminate?

The Court of Appeal case of

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