Other tenancy types – Common Law and Rent Act tenancies
In some cases your tenant may not have an AST but a tenancy protected by the Rent Act 1977 or a common law tenancy
- You can read more about protected / Rent Act tenancies >> here
- You can read more about common law tenancies >> here.
In many cases it will not be necessary to serve any notice, as you will be able to bring proceedings to ‘forfeit’ the lease on the basis of rent arrears. If you wish to do this, you should seek legal advice, or join Landlord Law as a +Plus member as this is included in the Landlord Law DIY Eviction kit..
If your tenant has a common law tenancy, and the fixed term has expired or is shortly to expire, you can also serve an old style Notice to Quit, and then bring proceedings for possession based on that. Here the tenant will not be able to defeat your claim for possession, provided your claim is properly drafted.
You will find the Notice to Quit >> here.
(Follow the instructions in the ‘fields’ – delete the instructions first then type your own information. The notice will automatically date the form todays date, but you can delete this if you wish.).
Here is a covering letter:
Re: (address of the property)
I enclose by way of service upon you a formal Notice to Quit.
I am serving a notice to quit as your tenancy is not an assured shorthold tenancy. This is because (give your reasons here).
Please can you contact me before the date in the notice so an appointment can be made to check the property prior to your departure.
Please note that if you remain in the property after the notice has expired, I will have the right to evict you through the courts. However hopefully this course of action will not be necessary.
Please note also that any rent paid to me from now on will be accepted as ‘mesne profits’ and should not be taken as any agreement by me to the continuation of your tenancy or to any new tenancy being created.
Former AST tenants
Sometimes a tenant who originally had an AST, which is protected under the statutory code set up on the Housing Act 1988, will lose this protection. For example, if they cease to live in the property or if they sublet the whole of the property to someone else.
If you think that this applies to your tenant, you should seek legal advice before going any further.