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Stuart J
Stuart J, Solicitor
Category: UK Property Law
Satisfied Customers: 20086
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street practice
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Thank you for the prompt response. With regard to notice given

Resolved Question:

Thank you for the prompt response. With regard to notice given to a licencee, what form would my sister use to challenge a notice period of say 6 weeks, by arguing it is unreasonable in the circumstances. Is it the case that the breach of quiet enjoyment covenant applies to a licence as well as a tenancy.

Thank you for your assistance.
Submitted: 1 year ago.
Category: UK Property Law
Expert:  Stuart J replied 1 year ago.





She doesn't actually
use a form to challenge it. She simply ignores it, or if she thinks that he
will throw her out or lock her out (which, as an unwanted guest, he is entitled
to do), she applies to court for an injunction to prevent him doing that.

Her application is
on the basis that after 20 years, six weeks notice is unreasonable. It would be
for the judge to decide the issue based upon all the facts such as how much she
has to move, the availability of alternative accommodation, the length of time
she has been in occupation etc.



A solicitors letter
threatening everything that we have spoken about, might focus his mind.
Although bear in mind that any court application or solicitor's letter could
make the situation meanwhile, completely intolerable.



It is a risk that
she runs.





Stuart J, Solicitor
Category: UK Property Law
Satisfied Customers: 20086
Experience: PGD Law. 20 years legal profession, 6 as partner in High Street practice
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