Notice to Quit court process?

Reply to the comment left by Cathie French at 04/02/2023 – 14:29
The wording if the tenancy agreement won’t necessarily be determinative of the issues but the resident landlord status is important.

A few of points to check in this scenario;

1. was the landlord resident when the tenancy commenced or began to reside there afterwards
2. Is the landlord anticipating on ceasing to be a resident anytime soon
3. is this the principal home of the landlord
4. Was there a previous tenancy agreement to the current one on AST terms

The above may mean the resident landlord status is lost and the tenancy will convert to an AST.

If the resident landlord status is maintained then you are in a better position legally as the tenant has less rights and you would be able serve a notice to quit with reasonable notice minimum 28 days (depending on what the tenancy agreement says) and ensuring it is correctly worded and timed and includes prescribed information about the tenant’s rights (Protection from Eviction Act 1977) and then issue the claim using Form N5 with a particulars of claim setting out the basis for seeking possession i.e. unprotected tenancy, reasonable notice given by notice to quit, failure to vacate but See CPR 55 for rules about the particulars of claim.

The downside of this not being an AST is that there are no convenient pro forma court forms/ particulars to use.

There is also a risk that the tenant will argue there is an AST which is what they are already arguing.

So if the exceptions apply or will apply soon you can go S21 if not then it is the less travelled more convoluted route.

Reply to the comment left by Landlord Solicitor at 04/02/2023 – 14:40
Thank you Landlord Solicitor.
This is my principal home and has been for the last 24 years (25 in March) and no previous AST for this tenant to the current (short term) agreement dated 16 July 21.
It is the local housing office that is claiming it is an AST not the tenant.
Kind Regards
Cathie

Reply to the comment left by Cathie French at 04/02/2023 – 16:28
The housing officer is wrong. As I said earlier, get some help now on which forms to use to apply directly for a Court order to remove the tenant.

Reply to the comment left by Landlord Solicitor at 04/02/2023 – 14:40Good afternoon Landlord Solicitor
My email is [email protected] please contact me regarding taking this forward. Many thanks
Kind Regards
Cathie

Reply to the comment left by David at 05/02/2023 – 11:00
Thanks David

Reply to the comment left by Cathie French at 05/02/2023 – 12:15
No problem, I will email you direct now.