MS

[Carol a]

 

Hi there,

 

I work for a homeless charity providing supported accommodation. We issue the residents a Licence Agreement, giving them permission to occupy and not a Tenancy Agreement. We have  had a resident breach the his  Daily Licence Agreement, and served a Eviction Notice on him. However, he has not left and is saying we have to get a Court Order to evict him. We have called the Police to assist us, but they have got this wrong also and said its a civil matter and we have to get a Court Order to evict him. Hes preventing us from supporting the other vulnerable residents in the house. Ill be glad for any advice and / views on this matter.

 

Kind regards

 

Carol

 

 

[Richlist]

I have no knowledge or experience of 'Licence Agreements'. But I do know the police are correct in saying it's a civil matter and not something they will deal with. I'd suggest you get some professional advice and assistance. There are specialist companies who will handle the matter for you. Look up Landlord Action.....they have a web site and a price structure online or you can telephone them and discuss.

[Grampa]

To be honest if you are housing people as a charity you should have assess to a professional organisation for your legal advise to make sure all the legalities are in place at the outset.

You will need a court order to get vacant possession but as the notice periods to give to the tenant first before a court application is applied for have been extended due to covid it is important you serve them on the tenant ASAP.

You also need to look into if giving a licence is the right route for the future. A lot of landlords think using a licence is a way around not giving a normal AST tenancy agreement and they can get the tenant out quicker. It maybe so on a true licence but just calling something a licence doesn't necessary make it one and if certain conditions are met the agreement will default to a normal Assured Shorthold tenancy no matter what is signed. 

As a suggestion I would recommend you join an landlord organisation such as The Guild of residential landlords https://www.landlordsguild.com/ they are excellent value for money at about £120 per year and will provide all your legal advice for all aspects of a tenancy etc and guide you through serving notices and even doing the court application if you want to do it yourself. You also get a help line for any housing/tenancy/tenant issue. Having been a member for about 15 years and an agent myself I cant praise them enough.