Recovery of possession
This section examines how a landlord can recover possession of a Part VII contract.
Different rules apply depending on whether the Part VII contract was created before, or on/after 1 December 1980. However, should a tenant not leave the property after the expiry of the notice to quit, then a court order will be required regardless of when the contract began.
If you're advising a client with a regulated tenancy who is at risk of eviction please speak to a specialist housing law solicitor.
Recovery of possession of contracts created before 1 December 1980
After the notice to quit has been served, the tenant has the right to apply to the First Tier Tribunal Housing and Property Chamber to postpone the effective date of the notice to quit for up to six months. [1]
Postponement of notice to quit by First Tier Tribunal Housing and Property Chamber
A Part VII contract referral can be made by a lessor, lessee or local authority to a First Tier Tribunal Housing and Property Chamber for the purpose of fixing a fair rent. [2] If a Part VII contract occupier has their contract referred to the tribunal and the landlord serves a notice to quit on the occupier, after this has happened the tribunal has the power, on the application of the occupier, to delay the expiry of the notice to quit for up to six months. If the tribunal refuses the application, the earliest the notice may expire is still seven days after the tribunal's decision. [3]
However, the landlord may apply for a reduction in the postponement. Such a reduction can be made if it appears that the occupier has not complied with the terms of the contract, or there has been a nuisance or annoyance, or there has been a deterioration of the property or furniture. [4]
No postponement of the notice to quit if landlord requires property as residence
If the landlord is someone who has previously lived in the accommodation as a residence and needs it back to live in again, there can be no postponement of the notice to quit. There is a requirement that, no later than the creation of the contract, the landlord gave the occupier notice that this may be the case. They must also not be living in another part of the property in which the Part VII contract accommodation is located. [5]
Following the expiry of the effective date of the notice to quit, should the tenant not leave the property, the landlord would need to get a court order to evict a tenant. There will rarely be a defence to an action of eviction under a Part VII contract except on technical grounds, for example the validity of the notice to quit.
Recovery of possession of contracts created on/after 1 December 1980
For Part VII contracts created on or after 1 December 1980, the right to apply to the First Tier Tribunal Housing and Property Chamber for a postponement of the notice to quit does not exist. The same rules exist regarding the serving of a notice to quit and the need for an order to evict, but there is a small safety net in that the tribunal has a power to postpone the date of possession for up to three months. [6]
Last updated: 29 September 2022