Notice to Quit court process?

Notice to Quit court process?

0:02 AM, 30th January 2023, About A year ago 26

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Hello, I have a tenant who has refused to leave the property, as advised by the local housing office as she would be deemed to have made herself deliberately homeless, until physically evicted by a bailiff.

They also advised the tenant that the short term rental 6 month agreement which ended 21 October 2021 was considered a rolling AST and a Section 21 Notice needed to be served.

This was duly served in May 2022.

In trying to complete the Claim form for possession of a property located in England (Accelerated Procedure) several things have been highlighted.

Where a flat occupied is in a house or building that has been converted into separate flats and the landlord lives in a different flat in the same building, this means that the tenant is an occupier with only basic protection rights and a Notice to Quit can be served.

Can anyone advise how to apply to the court after serving the one month Notice to Quit?

The sale of the entire building was lost due to not being able to confirm a Vacant possession date, and 8 months have been wasted.

Thank you,


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David Houghton

11:04 AM, 30th January 2023, About A year ago

No it doesn't. That only applies if the landlord shares facilities such as bathroom// kitchen with the landlord. Serve how to rent,EPC, elec safety (if you have one) and gas safety then s21 notice.

Then use n5b s21 accelerated proceedure

Robert M

11:12 AM, 30th January 2023, About A year ago

I think you are misinterpreting something you've read. I believe that your tenant, is a tenant on a statutory (or contractual) periodic tenancy following the expiry of the initial fixed term, and you will therefore need to serve them with a s21 Notice or s8 Notice, NOT a "Notice to Quit". If they do not have 2 months rent arrears then the safest course of action is to serve a s21 Notice, and follow the correct due process to get the Possession Order, and then after that follow the due process to get the bailiff eviction. This will take you many months and cost you a lot of money, but there are no "shortcuts" and trying to apply incorrect processes will end up costing you a lot more. If unsure what to do then get help from a proper legit eviction specialist who can talk you through the whole process and advise you about the validity of your documentation.

Judith Wordsworth

11:22 AM, 30th January 2023, About A year ago

If you served the s21 in May 22 with a 2 months expiry notice why did you not start the court application for possession on expiry?

If you have served all the correct paperwork and the deposit correctly protected it might take a bit of time depending on your local court. Some are taking 6 weeks to mark the Order some longer. Ring them and ask.

If the property is self contained and you share no facilities with your tenant then they have an AST which has rolled on to a periodic tenancy.

Martin Roberts

11:32 AM, 30th January 2023, About A year ago

Might be worth pointing out to your tenant that she will be liable for Court and bailiff's fees, and if she doesn’t pay she could well end up with a CCJ.


11:56 AM, 30th January 2023, About A year ago

As already mentioned, I would alert them to the possible issuing of a CCJ and make them a cash offer to move out, but get them to sign an agreement to this deal.
Otherwise you are looking at a lot of expensive aggravation.

Cathie French

14:55 PM, 30th January 2023, About A year ago

Reply to the comment left by Robert M at 30/01/2023 - 11:12Thnk you for your response Robert. I quote from the shelter website as follows:-
You have more rights if your landlord lives in the same building as you but you don’t share any living space.
You'll probably be an:
- assured shorthold tenant if you live in purpose-built block of flats
- occupier with basic protection if you live in a converted building
Also, the original agreement stated:-
The purpose of this tenancy is to confer on the tenant the right to occupy the premises for a short period. The tenant acknowledges that this tenancy is not an assured shorthold tenancy by virtue of the provisions of Schedule 1 paragraph 9 Housing Act 1988
The above two facts make it impossible to use N5B which is why no application was made to court during the 6 months of the S21

Robert M

15:11 PM, 30th January 2023, About A year ago

I think Schedule 1 paragraph 9 Housing Act 1988 relates to a holiday let. I didn't realise from your post that it was a holiday let and that the person had an address elsewhere. Yes, if it is a holiday let and the person has a residence elsewhere then it may be an entirely different process. I'm sorry but I don't do holiday lets so I cannot offer any advise on the process required.

- I guess the LA may also be a bit confused about this if they are advising the person that it is an AST and that a s21 Notice is required. Also, the person would not be making themselves homeless (if they were to leave) if they have a home elsewhere and are simply on a holiday let at the moment (at your property).

It may be a good idea to get your solicitor to cast their eye over your holiday let agreement, just to make sure you haven't accidentally granted someone an AST. A qualified solicitor should also be able to advise you on the appropriate process for eviction.

Chris @ Possession Friend

18:37 PM, 31st January 2023, About A year ago

We are dealing with a similar case at the moment.

Cathie French

18:58 PM, 31st January 2023, About A year ago

Reply to the comment left by Chris @ Possession Friend at 31/01/2023 - 18:37
Would welcome a conversation about this with you. My email is


16:23 PM, 1st February 2023, About A year ago

If the tenants home is in another part of the same converted building as the landlord lives, then the tenancy cannot be an AST as this is a residential landlord. The occupant would be a tenant with basic protection. My understanding is that you will need a court order to remove the tenant and that the forms you need to complete may be different to those for an AST. You should ask the NRLA advice team for help on the correct forms/process, (joining NRLA if you're not already a member).

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