Eviction

If you have received an eviction notice, you will not have to leave the property immediately. By law, you have two months to either fix the situation, or prepare to leave. After this time your landlord must obtain a court order. If you think you can appeal against the eviction, you have the right to do so, but it is advisable to seek advice from your local Citizens Advice Bureau as soon as possible.

A landlord can only legitimately repossess a property if:

• The property has been damaged by the tenant.
• The tenant has missed more than 2 monthly (or 8 weekly) payments.
• You gained residence to the property illegitimately.
• A term of the tenancy agreement has been breached.
• The tenant fails to maintain the property.
• The landlord wishes to sell the property.
• The landlord has been declared bankrupt and the property is being repossessed.
• The property was once the owner's home, and now wishes to make it their residence once more.
• The tenant dies. No rented property may be passed onto the tenants family.
• The property has been condemned or needs to be reconstructed.

Tenants are protected by the Eviction Act 1977 and landlords who fail to meet the terms of this act may be prosecuted. If you think that your landlord is acting illegally, it is vital that you seek advice from your local Citizens Advice Bureau, as illegally active landlords can face an unlimited fine and up to 2 years imprisonment.

Since February 1997, all tenancies in the private sector are now seen to be shorthold tenancies unless stated elsewhere in the agreement or by the landlord in a written notice.

A tenancy can not be shorthold if:

• The tenancy it is managed by a company or is a holiday.
• It began before 15 January, 1989.
• The landlord shares the premises or lives with you.
• Either a very high rent, very low rent or no rent is charged.