|
Eviction
Reasons for being asked to leave
The landlord can ask you to leave at any time after 6 months (assuming you have a Shorthold tenancy agreement), provided any fixed term you agreed has ended. Your landlord must give you 2 months' notice in writing that you are being asked to leave. The landlord can apply to the Court to end the tenancy at any time on certain "grounds" (ie reasons) for possession set out in legislation. These grounds include rent arrears (your landlord can apply to evict you if you owe at least 2 months' or 8 weeks' rent) and anti-social behaviour - your landlord can evict you if you are being a nuisance to local people.
Do I have to leave?
You should leave at the end of the notice period. However, the landlord cannot force you to leave, but may apply to a Court for a possession order. If you do not leave by the date set by the order, the landlord may apply to the Court for a warrant for eviction. The Court will then appoint bailiffs to evict you.
Bailiffs
If your landlord has obtained a possession order against you, note that the only way he is entitled to physically evict you from the property is via the county Court bailiffs. Anything else is still unlawful eviction. If a bailiffs' appointment is made, you should try if possible to move out before the appointment date. The bailiffs can use force (if authorised by the landlord) to break into the property and remove you. If you are looking to be re-housed by the local authority and they are unable to provide accommodation before the bailiffs' appointment date, you may be able to apply to the court for more time. However the Judge does not have any power to give you more time if the possession order was obtained under a mandatory ground and more than six weeks before the date of the bailiffs' appointment. In that case the local authority will (if they have a duty to re-house you) just have to find you temporary accommodation.
Remember, renting a property involves serious legal obligations and if you have any doubts about what you are doing you should consider taking advice from a solicitor or other suitably qualified property professional. These notes are offered as a general guide only and do not constitute legal or financial advice.
(Acknowledgements: www.landlordlaw.co.uk and www.communities.gov.uk)
|