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Illegal eviction, what are tenants rights?

Asked on Aug 8 2010, Renting in Macclesfield | Report content

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  • If your property is let as an Assured Shorthold Tenancy, you landlord MUST serve you not less than 2 months notice even if you are in arrears. Failure to so do leaves them open to prosecution under the 1977 Protection from Eviction Act. Remember, regardless of what is written in your tenancy agreement, statute overrides contract and only a Court can grant possession. You should seek advice from a solicitor or CAB.

    Answered on Aug 31 2010, Report content
  • I agree with the above, depending on what type of notice your landlord has served. If your landlord has served a Section 21 notice they need to give you at least two months notice. If you are in a fixed term tenancy and your landlord is trying to gain possession using one of the grounds under Schedule 2 of the housing act then he only needs to serve a minimum of two weeks notice, depending on why they are trying to seek possession. This can be an extremely complex area of the housing act, and as stated above you should really speak to a solicitor or a member of the CAB.

    Answered on Oct 25 2010, Report content

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