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LondonlawyerJ, Advocate
Category: Law
Satisfied Customers: 818
Experience:  Solicitor with over 15 years experience.
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We are charity Trust that offer accommodation on an exclussion

Customer Question

We are charity Trust that offer accommodation on an exclussion licence agreement, a tenant has refused to move follwoing a service of an NTQ , what can we do?
Submitted: 3 years ago.
Category: Law
Expert:  LondonlawyerJ replied 3 years ago.

LondonlawyerJ :

hello. I am a lawyer of over 15 years experience. I will try to help you with this. Can you just tell me what type of charity are you? What type of accommodation do you offer. Why do you issue licences rather than tenancy agreements?

LondonlawyerJ :

Your question is likely to turn on whether you have actually granted a licence rather than a tenancy agreement. If the occupier has exclusive possession of a dwelling for a term and at a rent then he will be a tenant with some protection in law. Could you just describe the accommodation he has and whether anyone else has access to where he lives? Just calling an agreement a licence doesn't necessarily make it licence.

JACUSTOMER-27qpxugs- :

The accomodation is a shared flat for 3 tenants with common use of kitchen, living room and bathroom.

JACUSTOMER-27qpxugs- :

We issue excluded licence agreement to tenants in shared falt and protected licence agreements for those in single flats. The resident is on housing benefit but owes personal service charge, is the lead in anti social behaviour on the scheme and was arrested and convicted of possession of Class 'A' drug.

LondonlawyerJ :

OK. if your agreement is fairly short can you scan it to me? It would be helpful to see it but If you cannot do so let me know and I will be able to answer. I am going to be busy for all of today and this evening from now on so will probably not be able to answer until tomorrow. I hope that is OK.

LondonlawyerJ :

This answer assumes that your troublesome occupier is a licensee and not a tenant. Assuming he is a licensee then your NTQ must follow the provisions set out in your licence agreement and must also comply with S5 of the Protection from Eviction Act 1977.

Ie it must be in writing and give at least 4 weeks notice.

Upon expiry of the notice the occupier now becomes a trespasser but you can not simply remove him from his home you will still need to get a court order. If you do evict him without an order an offence under the PEA 1977 could be committed.

You will need to issue proceedings to seek an order for possession. The occupier will have no defence and will be liable to you for compensation for the rent you lose while he is still refusing to leave.

It might be a good idea to seek legal advice in the orthodox way here as if you make a small technical mistake it can lead to the possession proceedings failing and you could end up not only failing to remove him but being liable for his legal costs.

Did a lawyer draft our licence agreement? If so, then maybe you should seek his advice on what to do next?

I hope this answer is helpful but if you have follow up questions then feel free to ask.