When someone rents a property, they are typically within a contract that is considered a shorthold tenancy. Even if renters have signed a license agreement, this does not necessarily mean that a license was created, and that they cannot be evicted with a section 21 notice. If the deposit was protected by scheme when you acquired it from the tenant, this may be grounds for a section 21 notice to be null and void unless the money is refunded.
Key Takeaways:
- A landlord needs to be extremely careful about giving out a sham license as they can be prosecuted and jailed for doing so.
- Renting out a property is much more difficult than it seems, as it’s not just a simple contract being signed and paid for monthly.
- You can use section 21 to evict shorthold tenants but it can’t be used for licenses or longer term agreements.
“You cannot create a license just by getting occupiers to sign a piece of paper with ‘license agreement’ written at the top.”
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