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overstaying notice period

BC Welfare Rights
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The Brunswick Centre, Kirklees & Calderdale

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Joined: 22 July 2013

If a tenant gives his landlord a valid notice to quit on an AST that has lapsed into a statutory periodic but then does not move out on the date it expires, what does his tenancy status become?  And what protection from eviction does this status offer him?

Thanks.

Elliot Kent
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Shelter

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The tenancy ends on the expiry of the tenant’s notice to quit as does the tenant’s right of occupation. The tenant has no further protection from eviction and can be evicted without a court order (although a prudent landlord may well seek a court order anyway, as if it turned out for whatever reason that the tenancy had not actually come to an end, they could be on the hook for illegal eviction).

https://england.shelter.org.uk/professional_resources/legal/renting/how_a_tenant_can_end_a_tenancy/occupiers_notice_to_end_a_periodic_tenancy_or_licence#title-2

BC Welfare Rights
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The Brunswick Centre, Kirklees & Calderdale

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Total Posts: 1366

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Thanks.

Oh dear, as bad as I feared. I will try to get specialist help tomorrow and advise a Homeless application. The tenant is 66 with a variety of physical and mental health issues and the notice was signed under some duress (landlord, who lives next door, is selling the property and wants the sale to go through ASAP). Tenant felt pressured to give notice as had verbally agreed at sign up that the tenancy would not be renewed due to a planned sale. His own planned move has been delayed, then delayed again after the expiry of his notice due to delays in works at his new private let. I am hoping that the LA won’t make an issue out of intentional homelessness on this basis. We’ll see.

[ Edited: 19 Aug 2021 at 07:15 pm by BC Welfare Rights ]