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Thomas
Thomas, Lawyer
Category: UK Property Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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Has a landlord the right to kick you out during winter time

Customer Question

Has a landlord the right to kick you out during winter time as in some European countries it is forbidden?
Thanks
Submitted: 3 years ago.
Category: UK Property Law
Expert:  Thomas replied 3 years ago.

Hi


Could you explain a little more please?

 

Do you have a tenancy agreement?

 

How is the landlord attempting to evict you?

 

Customer: replied 3 years ago.

Hello,

 

Thanks for your questions.

 

We're 4 people sharing a house and we all moved in at different dates (been there the longest)and are renting ROOMS only. The landlord previously made us sign a commom contract although we didn't all moved at the same time because he doesnt want to take the responsability of paying the council tax so by using one single contract it appears to the Council as if we're a family or friends renting together. Bills have come under our names but we filled a complaint to the council, inspectors came to the house and in light of all the evidences that we're renting rooms only, they have concluded that he's liable for the council tax and have issued the outstanding bills on HIS NAME. So we don't have to worry for council tax anymore.

Now, our "fake"contract has expired and we have told him that we won't sign again a single one and that he has to issue 4 different contracts for each of us. And he hasn't come back to us since Sunday. Now I am worried that he refuses as he's been insisting for months that he won't do it despite what the law says and that he just ask us to leave.

As the contract is no longer valid I guess that he has the right not to renew it, but it will be based on this issue. Can he do that?

Expert:  Thomas replied 3 years ago.

Is he trying to evict you and what notice is he giving you?

 

The contract itself - is it an assured shorthold tenancy?

Customer: replied 3 years ago.

He hasn't yet I'm just trying to anticipate and find out if he has the right to do it based on these infos relating to council tax.

 

Yes the contract was from November 2009 for 12months!

Expert:  Thomas replied 3 years ago.

Hi,


If the landlord has granted you a tenancy under the contract then it will now be a statutory periodic tenancy. This means that it continues on the same terms but from one rent period to the next (so month to month if you pay monthly).

 

If he wishes to evict you he would have to serve a s21 Housing Act notice on you giving you two months notice with such notice to expire on the final day of a rent period. He does not have to give you a reason for this but if he does not give you the correct notice he will not be able to get a Court Order for eviction.

 

He must have a court order for eviction before he is able to evict you.

 

If this is useful please click accept so that I may be rewarded for my time. You will be free to ask follow up questions.


Kind regards,

 

Tom

Customer: replied 3 years ago.

Hi,

 

So to answer my question, a landlord has the right to ask you to live during winter time!!!

 

So,he has the right not to renew the contract and in any case has to give us a TWO months notice? right

 

I'm confused about the eviction term you're using? when does that come into place?

Expert:  Thomas replied 3 years ago.

To evict you he would have to serve a 2 months notice as above. Once the two months has expired you should leave but if you do not he would have to apply to Court for an Order for possession. Once ordered he would then effect eviction, most likely by asking the Court bailiffs to remove you from the property.

 

He can serve you this notice regardless of the time of year.


If he wishes to offer you a new tenancy agreement then it is up to him to offer and you to accept.

 

Hope this clarifies, if so please click accept.

Tom

Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 6390
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and 6 other UK Property Law Specialists are ready to help you
Customer: replied 3 years ago.
ok thanks for your clear reply.
Expert:  Thomas replied 3 years ago.
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