legally, it is 2 months notice.
I have just received an eviction notice - what should I do?
First of all, don't panic. No one is going to make you leave your home straight away - by law you have to be given two months' notice and after this period a court order must be obtained. You have rights to appeal if you do not think your landlord has reason to apply for your eviction (see below). However, you do need to take action as soon as possible. For more information please contact us on 0800 074 6918 or email us at: [email protected].
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My landlord is threatening to repossess- can they do that?
There are certain circumstances where a landlord is entitled to retake possession of the property. These include the following:
You are behind with your rent payments by more than eight weeks or two months.
The tenant has damaged the property.
Breach of a term in the tenancy agreement.
You refuse or delay vital maintenance work to the building.
The tenant dies - no tenancy rights are passed to other members of the tenant's family.
The property was the landlord's home at some time in the past and they now need it as his or her principal private residence.
The owner has gone bankrupt and the property is being repossessed.
The lender is repossessing the property and wishes to sell it.
The property is condemned to demolition or reconstruction.
You lied about yourself to gain residence of the property in the first place.
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I think my landlord is acting illegally - what can I do?
Tenants are protected by law against illegal eviction. Landlords who evict tenants by any means other than serving notice requiring possession via the Eviction Act of 1977 can face prosecution. If you think you are being illegally evicted, you should seek immediate advice through a solicitor or your local Citizens Advice Bureau as you have the right to apply for a court injunction to be allowed back into the property. The landlord may even be liable for an unlimited fine and up to two years' imprisonment.
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What is an assured shorthold tenancy - does this give me any other rights?
Since February 1997, all new private sector tenancies are assumed to be assured shorthold tenancies unless the agreement states otherwise or the landlord gives written notice that it is not.
A letting cannot be an assured or shorthold tenancy if:
the tenancy began before 15 January, 1989;
it is a company or holiday let;
no rent, a very low rent or a very high rent is charged;
the landlord lives at or shares the premises.
There are also some exceptions for former public sector rented accommodation being transferred to the private sector and where a long lease comes to an end.
Assured shorthold tenancies - the facts
Under new legislation, there is no longer a requirement for the tenancy to be for at least six months.
However, a court cannot grant an order of possession during the first six months of the tenancy except in limited circumstances; the most common of these are:
rent arrears of at least eight weeks
death of the tenant
mortgagee exercising power of sale
demolition or reconstruction of the property
tenant has breached the terms of the agreement
tenant or other person in occupation has allowed the property to fall into disrepair
After six months the landlord can apply to the court for possession, as long as the tenant has been given two months' notice.
When the original tenancy agreement comes to an end, the tenancy can either be terminated or the landlord can choose to let the tenancy continue as a Statutory Periodic Tenancy. The terms and conditions of the original tenancy still apply and the landlord can terminate the tenancy by giving two months' notice at any time in the future.
If the landlord does not renew the agreement, the tenant can stay on until the landlord gives notice that he or she wants to repossess the property.
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My resident landlord is threatening to evict me and says he does not need a court order - is this true?
The rules are different for resident landlords. Tenants who move in to a property also occupied by the landlord are only entitled to receive the notice agreed at the start of the tenancy and the landlord does not need a court order to evict them.
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For more information please contact us on 0800 074 6918 or email us at: [email protected].