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Ending an excluded tenancy/licence

This content applies to England

Notice requirements and eviction of excluded occupiers.

Notice from landlord

Excluded tenancies or licences may be terminated by contractual notice, or, where an agreement does not include information on ending the contract, common law principles as to notice (served by either the landlord or the tenant) will apply.

For details about the notice requirements see Notices: Excluded occupiers.

Notice where all occupiers have no 'right to rent'

Where an assured, Rent Act protected or basic protected tenancy has been converted to an excluded tenancy following a Home Office 'no right to rent' notice, the landlord can serve a minimum of 28 days' notice (on a prescribed form) to terminate the tenancy. No court order is required. See Right to rent immigration checks for details.

Notice from occupier

If an excluded occupier wants to leave, the steps s/he must take depend on whether s/he has a fixed-term or periodic agreement and whether s/he has a tenancy or a licence. For details see Notices: Excluded occupiers.

Eviction

At the end of the notice period (or when the fixed term ends) the landlord can lawfully evict the occupier without the need to obtain a court order.[1]

If an excluded occupier remains in the property after the appropriate notice given by the landlord has expired, the landlord can physically take possession. For example, the landlord could change the locks while the occupier is out or may take the occupier's belongings and put them outside the property in order to persuade the occupier to leave the accommodation. The section on Harassment and illegal eviction gives information on occupiers' remedies where their landlord has interfered with their belongings.

However, if the landlord evicts without getting a court order, s/he runs the risk of committing an offence under the Criminal Law Act 1977. Under section 6 of this Act, an offence is committed if violence is used or threatened to secure entry to premises when there is someone present on those premises opposed to the entry.

[1] ss.3 and 3A Protection from Eviction Act 1977.

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