With the economic climate as it is, a higher proportion of people are renting a private property.
If this applies to you have you been to see a solicitor and checked out your tenancy agreement?
Are you afraid that your landlord may ask you to leave? Or even try to evict you without notice? Then you need to seek legal advice from your solicitor and find out your rights as soon as possible.
At Harold Stock and Co we will be able to tell you exactly what your rights are, and whether your landlord has followed all the correct legal procedures to regain possession of the property if he is trying to ask you to vacate the premises. Even though the law as it is seems to be relatively straightforward- case law is changing all the time, so a discussion with an expert is always advisable.
You can’t just be told to leave, there are certain steps or legal procedures that landlords have to follow when evicting private tenants. Yet, it is necessary to note that not all privately renting tenants have the same rights at each stage of the eviction process.
Your landlord must give you written notice to leave.
In the first instance,your landlord has to ask you formally to leave, before he can evict you. Most tenants are lawfully entitled to receive a written notice to leave a property: this applies even if your landlord did not give you a written agreement at the beginning of your tenancy. The exception to the rule is if you are an excluded occupier, which is someone who occupies the property only on a part-time basis, or shares living accommodation like kitchens and bathrooms with a landlord ( e.g. a house share). If this applies to you , then your landlord is allowed to give you a verbal notification. If written notification is needed it must contain specific information as stated below:
- The particular length of the notice period.
- State the date that your landlord wants you to vacate.
- Give reasons why you are being asked to leave.
- Specific information about where you can get help and information.
There are generally guidelines dictating how much notice your landlord ie required to give you before you have to leave and also when and how this notice can be given.
Landlords may apply for a court order.
After the notice expires and you haven’t left the property, your landlord will usually have to apply for an order from the court which will tell you to leave. This is referred as a possession order. If a court order is required to be obtained will depend depend on what type of tenancy aggreemnt you have. Harold Stock and Co will be able to explain this to you. Most tenants are entitled to stay in their rented property until the time when the possession order takes effect. Sometimes, landlords can acquire possession orders instantaneously if mandatory possession grounds are unarguable, but at all other times they will need to provide a justified reason for the award of possession to the courts. Conditional on the circumstances, there may be a hearing that you will be expected to attend, you will be able to take your solicitor with you.
Landlords can ask the court to send bailiffs to evict you.
If you still haven’t vacated the property by the date the court has requested you to do so, your landlord can ask the court to arrange to send a bailiff to evict you. Bailiffs are employed by the court. The court will send a letter saying when the bailiffs will arrive. Bailiffs can physically remove you and your belongings from the property but must not use violence or unreasonable force in doing so.
Only a bailiff acting for the county court is allowed to remove you physically from the property. If anyone else attempts to remove you could result in legal action as they are probably guilty of illegal eviction, which is a serious offence. It is sometimes possible to apply to the court to stop the bailiffs from evicting you. If you want specialist advice immediately on this contact us on.
Telephone Number: 01457 835597 / 01457 835034.
Fax: 01457 837410.
