May 10, 2010
Notices And Rights That Occur With An Assured Shorthold Tenancy Eviction
An assured shorthold tenant is someone who rents a private residence. It is only legal to evict this type of tenant if all rules are followed completely. There are specific rights and notices provided to tenants before an assured shorthold tenancy eviction can occur. A Tenant’s Rights:
Rights of the Tenant:
If the tenant wants to fight the eviction by going to court, then the landlord’s court fees must be paid for by the tenant.
A landlord can only evict a tenant with a fixed term tenancy if he/she has specific grounds to do so.
Grounds for eviction don’t need to be provided to a tenant with an unknown amount of time for tenancy, if a notice of eviction is given two months in advance.
Court costs belonging to the landlord will be the responsibility of the tenant if the tenant refuses to vacate the premises.
NoticeA Landlord must provide written notice, whether you are a fixed term or periodic tenant.
For eviction of a fixed term tenant, the landlord will need to give a reason why eviction is occurring.
Written notice has to be provided from the landlord for both periodic tenants and fixed term tenants.
When the deposit of a periodic tenant is held, the landlord can evict using shorthold grounds and this notice has to be in writing, can’t be given any shorter than two months in advance, must be given only on last day in rent cycle, and should state it’s given by virtue of Section 21 of the Housing Act 1988.If a reason is provided for a periodic tenant, a notice must be given for 14 days or 2 months before the eviction is final.
Fixed term tenants must have a reason for eviction.
The eviction notice remains valid for an entire year, which means court action can’t take place until after the year has passed.
Landlords have grounds for eviction if rent is constantly late, tenancy terms have been broken, property is being abused, if the tenant has become an annoyance or nuisance, or if the landlord’s property is being repossessed. It is illegal for a landlord to harass a tenant during an assured shorthold tenancy eviction. If this occurs, then the eviction can be invalid.
If you’re a landlord, you may have to deal with some unpleasant tasks. Tenancy eviction is a big problem that you may be facing. Make sure you know how to get tenants out legally at http://www.landlordangel.co.uk/.
Filed under Law & Ethics by
Leave a Comment
You must be logged in to comment