Chucked out
Question
Can you help me? My landlord has told me he wants me out in a couple of months' time but my tenancy agreement states that I leave the property when I want to, not when he tells me too. Under the circumstances, does this agreement still stand? I'm also having problems with my housing benefit and need to know what my rights are because I really don't want to be kicked out of my home.
Answer
If you're renting privately and your landlord lives elsewhere you are likely to have an assured shorthold tenancy. If you think you have a different type of tenancy please seek further advice.
Firstly, it's really important you get your tenancy agreement looked at by an advisor; with all the information to hand they'll be able to find out whether your landlord is acting legally or not.
If you have an assured shorthold tenancy your landlord could evict you fairly easily as long as they follow the correct procedures. The first stage is for your landlord to give you written notice that they want you to leave. If you are given notice you should try to get advice as soon as possible from your local Housing Aid Centre or Citizens Advice Bureau (CAB). An advisor should be able to check whether your landlord has served you with the correct notice. If your landlord does not follow the correct procedure to evict you, it could be an illegal eviction.
It may be a good idea to sort out your housing benefit problems as soon as you can. Again, your local CAB may be able to help you with this. If this can't be sorted out and it looks like your landlord might evict you then you may want to look at other housing options. It's important to remember that if you don't have anywhere to live or are likely to lose your home in the next 28 days, you may be able to get help from the council.
Updated: 24/09/2008
Question answered by Shelter
