Tenant Sectioned under Mental Health Act, how do you end the tenancy?

19 01 2011

Good morning all,

We had a busy December with loads of private and accidental Landlords calling us for some legal advice and help.

Here is a summary we would like to share with you.
Question
I have a Tenant Sectioned under Mental Health Act, how can I end the tenancy?

Answer
Seek a surrender by Social Services/Dr/Family – if not serve notice and go to court

Question
Can you please confirm the wording in the Housing Act that states that a tenant must give one months notice on a periodic tenancy?

Answer
In a word, no! This is actually because the Housing Act does not require the tenant to give notice on fixed term or periodic. However, the Protection From Eviction Act 1977 section 5 does include the statement that the landlord or tenant of a periodic agreement must give at least 28 days notice to quit. It is a common law requirement that the notice must be at least on rent period (hence one month for a monthly rent) and expire at the end of a rent period.

Question
I have a tenant who is moving into a property that I rented out myself, they want loft access but we are worried as it is not boarded. What can we do?

Answer
As the loft is part of the property, unless you had made it clear that it was not part of the tenancy it is not unusual for the tenant to want access. However, you should write to them emphasising that the loft is suitable for light storage only. Under the terms of the tenancy agreement they are liable for any damage to the property. There could be an opportunity here to sell them tenants insurance which includes indemnity for damage to landlord’s property.

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