ABSTRACT
In any case, a landlord only has the right to evict where the contract between the tenant and himself purports to give him that right. This can be either because the agreed term of the tenancy has expired or because the landlord does not wish to renew a periodical tenancy. Alternatively, there may have been a breach of the terms of the tenancy which prima facie entitles the landlord to terminate it, usually under a forfeiture clause. The landlord’s contractual right to evict is fettered in respect of periodic protected tenancies – though not the statutory continuation of a fixed term tenancy after that term has expired – under the RA 1977 by the requirement that he must first serve a notice to quit in the prescribed form (see 8.7) at least 28 days before it is due to take effect. The HA 1988 provides for the service of a notice of intention of seeking possession before the landlord becomes entitled to evict a tenant.
