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UK-Justice, Barrister
Category: UK Property Law
Satisfied Customers: 16193
Experience:  Called to the Bar in 2007
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I am in an alms house , which is run by a trust , the trust

Customer Question

I am in an alms house , which is run by a trust , the trust has told me to move out!. when I moved in they knew I had bipolar disorder and Im not always well . any way they have now started court proceedings to get me out as Ive nowhere to go . whats my position on this.
Submitted: 6 years ago.
Category: UK Property Law
Expert:  UK-Justice replied 6 years ago.
Thanks for your question. Please remember to click ACCEPT once you get my answer.

Do you have a tenancy agreement? Are you late with rent?
Customer: replied 6 years ago.
I do have an agreement and im not late with the rent.
Expert:  UK-Justice replied 6 years ago.
Are you in a 'fixed' period at all?

What is the reason they have given?
Customer: replied 6 years ago.
they reminded me of the tenancy agreement and said the trial period was over so they want me out
Expert:  UK-Justice replied 6 years ago.
How long have you been there?
Customer: replied 6 years ago.
since the beginning of january
Expert:  UK-Justice replied 6 years ago.
When does the fixed period end?
Customer: replied 6 years ago.
it was only a month . In the agreement it clearly states that if there are any problems I must be given any warnings in writing, a total of two before any action. Nothing like this happened,and as far as I can think the only thing Ive perhaps done wrong is having my sister to stay, it was given to ask permission for this, which I did they don,t seem to remember.
Expert:  UK-Justice replied 6 years ago.
I see. They must give you written notice as to the reasons they want you out.

If they do not then this is not valid notice. They need a Court order to remove you and then the Court can consider proportionality, is it proportionate to evict you.

If there are no grounds, the Court will want to know why and what procedures have or have not been followed.

You need to request that the decision be reviewed - do this in writing.

They must follow due process and in any event need a Court order to evict you.