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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. Visit your local CAB
(details are provided on www.nacab.org.uk)
or contact National Debt Line on 0808 808
4000.
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.
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.
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.
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.
For more information and
help
Contact your local Citizens
Advice Bureau or Shelter
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