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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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hello,i want ask you is landlord can eviction us from property.the

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hello,i want ask you is landlord can eviction us from property.the reason why he wants to do it is.we have not payed rent,one month,becasue we have had problem with gas.we were 6 weeks without hot water,becasue they have to repair gas pipes..we were waiting when it will be fixed.after 6 weeks the landlord send some engineering for fix..this is the reason,why we did not pay rent for this 6 weeks period,when we were without hot water..now he asking us to pay that rent, for this period.and If we fail to comply, they will have no alternative but commence eviction proceedings against you and/or exercise other available rights under the law.could you please tell if they have rights to eviction us?because of theirch fault?thank you
Submitted: 12 months ago via Tenancy Agreement Service.
Category: UK Property Law
Expert:  Thomas replied 12 months ago.
Hi

If you are tenants under a residential tenancy agreement that he will not be able to evict you whilst you only have 1 months rent paid.

If a landlord wishes to get the session and effect tenants before the expiry of the fixed term of the tenancy he can only do so in a very specific ways. With regard to rent arrears he must wait until you over 2 months rent arrears. If you do, he can serve you with a section 8 notice giving you two weeks notice.

Even once the notice has expired he cannot physically evict you until he has obtained an order from court for possession. If he atttempted to evict you without this order that would be an illegal eviction.

If you have withheld rent in respect of the disrepair then you may get some traction with this as a defence. However you are not normally supposed to withhold rent for repairs. Here is a link to a website which explains the best way ford if you do you propose to withhold rent (although personally I would simplywrite to the landlord stating that you would carry out this repair yourself and recover the money from him):
http://england.shelter.org.uk/legal/housing_conditions/taking_action_on_disrepair/withholding_rent

However, he cannot evict you until you are in 2 months rent arrears.

If this is useful please kindly click accept and rate my answer as okay service or above. If you do not then I do not receive any credit for the time I have taken to answer your question.
Kind regards

Tom
Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 6395
Experience: BA (Hons), PgDip, Practising Solicitor
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