Ending a Tenancy - Contractual or Common Law Tenancies
Provided the proper procedure is followed, evicting contractual/common-law tenants should not be difficult. However, as the rules are different for this type of tenancy from others mentioned here, you should seek legal advice.
Contractual tenancies include lets of residential properties to companies (but not business premises).
Holiday lets and university lettings to students also fall into this category.
Lodgers sharing accommodation with the landlord are ‘excluded occupiers’ for the Protection from Eviction Act 1977, and no court order is required to evict them. The Criminal Law Act 1977 still applies, which states that nobody should use or threaten violence to gain entry to someone’s room if there is someone present who is opposed to the forced entry – they risk criminal proceedings if they do.
If the Common Law Tenant Is in Arrears of Rent
It is possible to bring court proceedings for possession based on non-payment of rent. In this event, there is no requirement to serve a section 146 notice on the tenant first (although it is advisable to warn them that possession proceedings are imminent if they do not pay). However, the judge has the power to suspend or stay the order as they think fit. The agreement terms should specify when and how the landlord can terminate the tenancy.
Once court proceedings have been issued, rent should not be demanded nor accepted, but the landlord can ask for and receive ‘damages for use and occupation’ of the property (which can be the equivalent to the rent).
If the common-law tenant is not in arrears of rent
It is not ordinarily possible to evict a tenant during the fixed term unless there is a break clause in the tenancy agreement or the tenant breaches the terms, and the agreement states it can be terminated for breach. It is technically possible to seek possession for violations of the tenancy agreement other than non-payment of rent, but this is not often successful. Usually, a notice under section 146 of the Law of Property Act 1925 is required, giving the tenant notice that they are in breach of the tenancy conditions and an opportunity to put things right, if possible. You should seek legal advice from a solicitor experienced in eviction work to do this properly.
Contractual/common-law tenancies do not have the same ‘statutory periodic’ run-on as occupation contracts. These types of tenancy can contain a ‘continuation clause’, basically ensuring the tenancy does not end upon expiry of the fixed term but instead continues as a contractual periodic tenancy. Where no such clause exists, the landlord will be entitled to apply for a possession order at the end of a fixed term. If possession is not required, a specific renewal should be agreed upon where there is no continuation clause.
If the tenancy is periodic (either from the outset or after a fixed term has ended with a continuation clause), the landlord can terminate the tenancy at any time by serving a ‘Notice to Quit’ (a section 173 notice is often referred to as a notice to quit, but it is not). This must give a notice period of no less than four weeks (but longer if the rent is payable monthly or more). The notice must expire on the last day or the first day of the tenancy period, must be in writing, and must contain the prescribed information. Once expired, if the tenant has not vacated, the landlord can apply to the court for possession they are entitled to. A landlord does not need to give any reason for asking for possession.
Once the notice to quit has expired, the tenancy will have ended, and rent should not be demanded nor accepted. Still, the landlord can ask for and receive ‘damages for use and occupation’ of the property (which can be the equivalent to the rent).