Eviction angst
Question
My flatmate and I have been renting our flat for the last 18 months. The landlord has given us a notice requiring possession for five months time, but hes now told us he wants us out within the next seven days. Can he legally do this?
Answer
Your rights could vary greatly depending on what your situation is, so it's very important to establish what type of tenancy you have.
If you're renting privately and your landlord lives elsewhere, it's likely that you have an assured shorthold tenancy. The following advice is based on this. If you think that you have a different type of tenancy, you can seek further advice from Shelter by calling 0808 800 4444.
Assured shorthold tenants can be evicted fairly easily once any fixed term tenancy agreement has ended. But you cannot be evicted before your landlord has gone to court and the court has agreed to your landlord regaining possession of the property. He doesn't have to give the court a reason why he wants to evict you, but he must be able to show that you have an assured shorthold tenancy and that the correct notice has been served.
Normally, a landlord would need to give at least two months' notice; this must be given in writing. In some circumstances your landlord could give you less notice, but he would still have to go to court and prove that you have done something wrong (such as not paying the rent).
You don't have to leave your home until your landlord has followed the correct legal process to evict you. If he is trying to force you to leave without following these procedures, he could be guilty of harassment and illegal eviction. Both are serious offences.
If you think your landlord is harassing you or is trying to illegally evict you, can get further advice, information and support from you local Shelter Housing Aid Centre, Citizen's Advice Bureau (CAB) or council housing department. The council should have somebody who can mediate in disputes between private tenants and their landlords - usually a tenancy relations officer (TRO). The council also has the power to prosecute landlords who harass or illegally evict their tenants.
Updated: 22/09/2008
Question answered by Shelter
