have a current case against my landlord being looked at by my local coun cil and prhp I am in receipt of housing benefit so rent is being paid but there are many repairs around utilities to be done it appeared on Friday the land lord was going to do repairs and then her agent came on and said she wants me out Can she evict me soon mother dealing with this hence different Christian name on email
Hello my name is ***** ***** I will help you with this.
For now please let me know what type of tenancy you have?
short assured tenancy agreement since nov2011last signed one and a half years ago
is there anyone there
Ok - what is the fixed period?
ok i am clares mother I have been involved with this situation since the beginning I have her permission to chat to you
Yes. What is the fixed period of tenancy, has it ended?
6 months but landlord told her verbally it was now month to month nothing signed for last eighteen months
Ok. She can ONLY be evicted with a Court order.
As the AST is at an end the Landlord is right in that the tenancy is monthly rolling
This means that it can be terminated with at least 2 months notice.
So yes it could be ended but in any event the Landlord MUST MUST MUST have a Court order to evict
what should my daughter do now
At the moment nothing because the Council are looking at it.
If she gets a notice to quit then she should contact the Council who could re-house her
But she can sit tight, she has at least 2 months notice which is what the law requires
she doesn't want to quit
Yes I know, but she can't stop the Landlord giving notice
legally can we take this any further surrley she is breaking the law
By not providing property of Standard yes. But you can't stop the landlord giving notice
should I stop paying rent
No, then you can be evicted
so what shpuld we do next and how long could she get me out her property
You shouldn't stop doing that. Let the Council look at it and prosecute.
You shouldnt do anything else. As I said you must be given at least 2 months notice
The Council are looking at this - let the Council deal with the prosecution of the LAndlord
ok thank you
Can I clarify anything else for you about this?
If you had been in a fixed term, ie 12 months then all would be fine. You would have 12 months. But because you are in the rolling period, then you have a monthly rolling contract
The law allows for 2 months notice.
Does that clarify?
yes thank yoou
Great. Can I help with anything else today?