There are only a handful of occasions where a licence will be excluded. Registered Providers may grant excluded licenses where a licensee occupies a room within a property. The property has a specific definition (Housing Act 1985 Section 622) and the licensee must share facilities (such as bathroom, toilet, cooking facilities. If the licensee has an excluded licence they do not have the protection of the PEA 1977 and can be excluded without a court order.
The Current Position
• The current position is that a court order is not necessary if you grant someone an excluded licence.
• If the accommodation meets the criteria of a Property as defined in Section 622 (as set out above) then a licensee may be excluded from the premises if they engage in certain behaviour (which will be set out in the licence agreement).
• The landlord also needs to serve a notice to determine giving the requisite notice period as set out within the licence agreement.
• If the licensee does not move out of the accommodation at the expiry of the notice then the landlord can exclude without obtaining a court order.
Here at Global Enforcement Solutions we provide a Nationwide Eviction Service for Local Authorities, Landlords, Managing Agents and Charities who offer accommodation under a Excluded License Agreement