Enforceable / Unenforceable
- In this context contracts which can and cannot be enforced by law.
- Some interesting examples include:
- An AST eviction: even after the agreed term expires, it cannot be enforced within the first 6 months of the tenancy.
- Alternatively, how about this one: An accelerated notice to quit S.21 is unenforceable if a landlord fails to license a licensable property to which the notice relates.
- Similarly if the tenancy expires eviction cannot be enforced until expiration of the notice period.
- AST NTQ should be sent at least two months prior to the end of the initial term of the tenancy to be enforceable.
- After the expiry of the tenancy a different S.21 notice is required and the tenancy reverts to an AST periodic tenancy. Again the minimum statutory notice is required to enforce.
- The Limitation Act normally prevents the enforcement of a debt after 6 years.
Published: 5 November 2013 Last Updated: 17 November 2021