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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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One month ago today, I moved a tenant from one room to another

Resolved Question:

One month ago today, I moved a tenant from one room to another room at a different property because we had to hand back the first property to the landlord. The tenant was on a licence agreement and was served 2 months notice which expired 18th July 2014. At the expiration, I moved him from that property to a room in another property, because he refused to move claiming he was waiting for the Council to find him and his pregnant wife an accommodation.
Now he has refused to sign any agreement or pay rent at the new property. What can I do now? Should I take it as an oral contract? He may be housed by the Local Authority soon. How can I evict him and how to recover the owed rent?
Thank you
E Thompson
Submitted: 2 years ago.
Category: Property Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

Are you a live in Landlord please?

Customer:

Hi Alex, I am not, I work in an Estate Agency

Alex Watts :

Ok - but is the Landlord live in?

Customer:

There is no live landlord. It is a house with 4 licencees.

Alex Watts :

Ok - so the new tenant is in a property without any form of written contract, in effect?

Customer:

yes, he refused to sign any written contract

Alex Watts :

Would it have been a licence or an AST for the room?

Customer:

It would have been a licence for a room

Alex Watts :

Ok - in that case you can give notice to quit.

Alex Watts :

Assuming he pays weekly you can give a weeks notice.

Alex Watts :

Then once that notice has expired what you can do is go and evict, as a licencee he has no rights to stay there and very little protection

Alex Watts :

But you may wish to get a Court order and use a bailiff to get possession.

Alex Watts :

Technically you dont have to as it is a licence, but some Councils get a bit twitchy and try and claim its an unlawful eviction.

Alex Watts :

So to be safe issue possession proceedings and get a Court order.

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

yes please

Alex Watts :

ok?

Customer:

he has not paid any money since he moved in there 28th July 2014. At the old property, he was paying monthly until we moved him to the new place.

Alex Watts :

Ok - but you still need to go through the process.

Alex Watts :

The old contract ended when he moved out

Alex Watts :

You should now have a new licence contract

Alex Watts :

That is why you need to serve notice to quit and then go down the possession road.

Customer:

ok, but he hasn't signed any contract, should I take it to be an oral contract, and if I should I go section 21 route?

Customer:

I was checking Section 21 route, it is requesting for 2 months notice

Customer:

to be given to the tenant, how do I overcome this hurdle

Alex Watts :

Its not a Section 21, he does not have an AST

Alex Watts :

You said he has a licence

Alex Watts :

If he only has a licence you can terminate it without notice.

Alex Watts :

But if he is paying weekly I would give him a weeks notice

Alex Watts :

But its not S.21

Alex Watts :

You serve written notice to quit by x date

Alex Watts :

If he does not then you issue possession proceedings

Alex Watts :

The court will list the matter and decide whether to grant possession

Alex Watts :

If the Court does and they are likely to the tenant can be evicted.

Customer:

ok, do you know what section should I seek possession from the court?

Alex Watts :

Its not a section. Its a licence.

Alex Watts :

The Housing Act does not apply

Alex Watts :

He does not have an AST

Alex Watts :

You simply say he is there on licence, has not paid rent and therefore want possession

Customer:

sometimes the Court interpret a Licence to be an AST

Alex Watts :

But its not though

Customer:

based on previous experience

Alex Watts :

If you want to go down AST route then go down and serve a Section 8

Alex Watts :

But its a licence, not an AST

Customer:

with a Section 8, he will need to be in arrears of 8 weeks, he is now for 4 weeks with no intention to pay

Alex Watts :

Yes, for a Section 21 that is notice requiring possession at the end of the fixed period.

Alex Watts :

And if its an AST he has to be there for 6 months as per the Act

Alex Watts :

As 6 month is a minimum AST

Alex Watts :

You can of course serve both if you are going down that route

Customer:

both routes?

Alex Watts :

Serve both if you are going down the AST route, although I don't think you need to

Customer:

do we have to send him the licence agreement again with the notice to terminate licence or we should issue him with notice to terminate licence?

Customer:

or should we write to him, telling him that an Oral Contract ensued from the date he accepted the keys

Alex Watts :

Notice to terminate. He hasn't signed a licence so you can't send it again

Alex Watts :

There is no licence signed

Alex Watts :

He has just moved and not paying rent.

Alex Watts :

You can therefore seek possession on that basis alone

Customer:

ok

Alex Watts :

Does this clarify everything?

Customer:

Hi Alex, sorry I got called up

Customer:

the licensee has been living at this property with his pregnant wife, when issuing the possession order, should I include his wife on the order? On his last licence agreement with us, his wife was not included, but she was living there.

Alex Watts :

Yes include all occupiers

Customer:

ok, thanks, ***** ***** know the first name of the wife, would that be a serious issue? She may not want to give us her full name. But we know the husband's name and DOB, etc

Alex Watts :

No that will be ok.

Alex Watts :

You can do it against Husband and persons unknown

Alex Watts :

Does that clarify?

Customer:

yes, thank you

Alex Watts :

If this answers your question could I invite you rate my answer before you leave today.

If the system won’t let you please click reply.

Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/

Customer:

yes, please one more thing before you go,

Alex Watts :

Ok

Customer:

when the licencee was living at our previous property, there was a time there was not hot water and heating for 2 days. He actually complained to the police, but I sorted it out immediately. The licencee said the food in the freezer wasted and he wanted us to compensate him £300 for the food. Do you think he can bring this out during the Court Possession Hearing?

Alex Watts :

He could but this is a new property so a new contract and makes no difference to possession of the new property.

Alex Watts :

Does that clarify?

Customer:

ok, thank you

Alex Watts :

Great. Please do remember to rate before you go

Customer:

that's fine

Ash, Solicitor
Category: Property Law
Satisfied Customers: 10915
Experience: Solicitor with 5+ years experience
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