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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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have a current case against my landlord being looked at by

Resolved Question:

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

Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

For now please let me know what type of tenancy you have?

Customer:

short assured tenancy agreement since nov2011last signed one and a half years ago

Customer:

is there anyone there

Alex Watts :

Ok - what is the fixed period?

Customer:

ok i am clares mother I have been involved with this situation since the beginning I have her permission to chat to you

Alex Watts :

Yes. What is the fixed period of tenancy, has it ended?

Customer:

6 months but landlord told her verbally it was now month to month nothing signed for last eighteen months

Alex Watts :

Ok. She can ONLY be evicted with a Court order.

Alex Watts :

As the AST is at an end the Landlord is right in that the tenancy is monthly rolling

Alex Watts :

This means that it can be terminated with at least 2 months notice.

Alex Watts :

So yes it could be ended but in any event the Landlord MUST MUST MUST have a Court order to evict

Customer:

what should my daughter do now

Alex Watts :

At the moment nothing because the Council are looking at it.

Alex Watts :

If she gets a notice to quit then she should contact the Council who could re-house her

Alex Watts :

But she can sit tight, she has at least 2 months notice which is what the law requires

Customer:

she doesn't want to quit

Alex Watts :

Yes I know, but she can't stop the Landlord giving notice

Customer:

legally can we take this any further surrley she is breaking the law

Alex Watts :

By not providing property of Standard yes. But you can't stop the landlord giving notice

Customer:

should I stop paying rent

Alex Watts :

No, then you can be evicted

Customer:

so what shpuld we do next and how long could she get me out her property

Alex Watts :

You shouldn't stop doing that. Let the Council look at it and prosecute.

Alex Watts :

You shouldnt do anything else. As I said you must be given at least 2 months notice

Alex Watts :

The Council are looking at this - let the Council deal with the prosecution of the LAndlord

Customer:

ok thank you

Alex Watts :

Can I clarify anything else for you about this?

Alex Watts :

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

Alex Watts :

The law allows for 2 months notice.

Alex Watts :

Does that clarify?

Customer:

yes thank yoou

Alex Watts :

Great. Can I help with anything else today?

Ash and 2 other Law Specialists are ready to help you