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Bob is a licensee (ie non-tenant occupier). Because he isn’t a tenant, a possession order is not legally required to evict him.

Instead, he may be peaceably evicted upon “reasonable notice.” Reasonable notice depends on the circumstances of each case, but often equates to a single rental period.

Suppose he is evicted without any notice, for example comes home one day to find someone else living in his place, without any notice or explanation.

If he was a tenant, he would have a host of civil remedies available to him in this situation, but does the situation differ since he is not? And, if so, how?

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    What is a licensee? And where is reasonable notice defined, for that situation? Does Bob require reasonable notice, or does some legal instrument require it?
    – Weather Vane
    Jun 30 at 21:03
  • @WeatherVane apart from the last I think those are all separate and independent questions that you could ask separately. As for the last Bob’s requirements seem besides the point here. According to shelter and many other sources the law requires it.
    – Seeking answers
    Jun 30 at 21:27
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    It's not my question: it's your unclear question, that needs more clarification than a casual edit. And it is you who mentioned "Bob does require" not me.
    – Weather Vane
    Jun 30 at 21:28
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    Yeah I agree, this question is a confusing mess. If there's a particular distinction in law you are concerned with, ask directly and in plain language (not buzzwords you don't necessarily understand) about that distinction. This "story problem" is not working as written. The DVers and VTCers seem to agree. Of course you can stubborn up and watch it get closed, or you can fix it.
    – Harper - Reinstate Monica
    Jul 1 at 0:23
  • @Harper-ReinstateMonica thank you for putting it to me so bluntly and not beating around the bush. I personally didn’t feel that it was so bad but have reworked it pretty extremely now. Hopefully it is improved
    – Seeking answers
    Jul 1 at 11:28

1 Answer 1

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As this is a residential licence, Bob is protected by section 1 Protection from Eviction Act 1977:

(2) If any person unlawfully deprives the residential occupier of any premises of his occupation of the premises or any part thereof, or attempts to do so, he shall be guilty of an offence unless he proves that he believed, and had reasonable cause to believe, that the residential occupier had ceased to reside in the premises.

For clarity:

A license agreement provides a person to use or occupy property without acquiring the rights of a tenant. Because of this, granting a license rather than a tenancy may seem appealing to landlords, however, simply labelling an agreement as a license does not make it a license.

...

A license agreement can be terminated by the serving of a notice to quit which in most cases must provide no less than 28 days notice1. However, where there is a breach of the agreement by the licensee, the agreement may provide for less than 28 days notice to be given.

1section 5(1A)

Source

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  • Great answer as usual, but still doesn’t address bob’s available remedies/recourse post facto.
    – Seeking answers
    Jul 1 at 20:17

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