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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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