How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Stuart J Your Own Question
Stuart J
Stuart J, Solicitor
Category: UK Property Law
Satisfied Customers: 22388
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street practice
Type Your UK Property Law Question Here...
Stuart J is online now
A new question is answered every 9 seconds

Thank you for the prompt response. With regard to notice given

This answer was rated:

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.

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 and other UK Property Law Specialists are ready to help you

Related UK Property Law Questions