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ken p | Eviction from flat?is landlord correct? |
i live in a flat i owe £500.00 in rent can landlord evict me after he gave me a 14 day written letter to vacate the flat or will he have to take me to court |
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*Kelly*
|
JUST PAY YOUR RENT - OR SORT OUT A PAYMENT PLAN WITH YOUR LANDLORD.
RENT COMES 1ST - EVERY OTHER BILL 2ND. |
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King Dosser
|
landlord must have given you opportunity to pay first.
eviction orders can only be granted by a court (wont be granted if landlord has just 'decided' to evict without giving opportunity)
14 days should be 28 days |
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alta
|
if you are in uk then he has two give you 2 months written notice in the form of a section 21, once this has elapsed, he then has to take you to court. |
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derbyandrew
 |
No he cant just give you 14 days to get out. Of course he can ask you to leave, but you dont have to comply.
Under section 21 of the Housing Act he has to give you 2 months notice in writing to vacate. Only after the 2 months have elapsed can he apply to ther courts for a posession order if you are still there. The courts will give a final date you have to vacate because he is legally entitled to get the property back. He cant evict you, only the courts have the powers to grant him possession and this process can take about 2 months from the end of the original 2 month notice period. |
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Sam
|
It could depend on what kind of lease you signed.
However, from my knowledge he can not, he has to ultimately take you to court to actually evict you. When it gets to court you get a chance to explain why you have not paid and ask for more time to pay, normally the court will give you a date to vacate the property, if you have not done so by the date then the bailiffs will call and bring along a lock smith to gain access.
If you are struggling to pay, you may be entitled to help from your local council, you should check. Also you need to discuss with your landlord how you can catch up with your payments if you want to stay in your flat and if your landlord is amenable to this.
If he has decided he wants you out, then he has to apply to the courts he can not get you out any other way, unless he decided to physically force you out, which is actually illegal.
The process can take up to 2 months, normally a landlord can not apply to the Court unless you are 6 months in arrears.
But you do need to try and communicate with your landlord to see if you can't resolve the situation. |
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Hat-A-Tat-Tat!!
 |
he can evict you...he has given you a chance to pay with a time to come up with the money...but if it did go to court...you'd get costs against you probably...not worth it mate! |
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Maz
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It depends on your lease as well.
contact Shelter or the CAB they can help you properly on these matters. |
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estielmo
|
"Eviction" is a term that describes an award from the court. Do you mean "asked to leave?" |
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gavmel259
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Yes he can evict you for non-payment of rent. |
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Peter M
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You obviously have a problem here pal ~ going to court will cost you, and yes the landlord does have the right to get you out because he owns the property not you.
Not knowing the whole circumstances ~ if you didn't have the debt, could you pay the weekly/monthly amount? if so, then a suggestion would be to ask the landlord if you could take the amount you owe ~ and spread it over [on top of your normal payment] until the debt is paid off. This way you keep your place [albeit pay more for a time to pay the debt off]
Just an idea
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oliprofessor
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if it's in your contract with him that 14 days written notice after non-payment is the terms of eviction then he is naturally entitled to evict you. |
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holiday1
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It depends if your flat was furnished or not. If it goes to court. You may have to pay if your landlord wins the case.
Landlords are in the business for profit not kindness £500,00 is a lot of money. |
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DJJD
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Is this a private or public sector landlord and when did the tenancy begin? There are different rules depending on what type of tenancy you have and when the tenancy was started. |
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Füñ♥Gråñdmä♥
 |
If you don't pay the rent yes. But, here in the states it goes as follows. First notice is 30 days, second notice is 15, third notice is 5, and then they can have the sheriff remove you in a 24 hour notice. I know first hand. I have been a landlord and the renter. And when a landlord it's a pain to get people out. |
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lotsavideo
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This depends where you live. Rentals are usually governed by the rules of the Province you live in.
In BC, the Landlord can give you a form that says you must be out in 10 days when you do not pay your rent on time. You have five days to pay this amount in full, or apply to the rental board for a hearing about why this is unfair.
You should be able to find all the info on your province's rules on line. |
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