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LondonlawyerJ
LondonlawyerJ, Advocate
Category: Law
Satisfied Customers: 782
Experience:  Solicitor with over 15 years experience.
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I have a few questions: a) My Landlord has forcibly taken

Resolved Question:

I have a few questions:
a) My Landlord has forcibly taken over the Garden Shed. He has filled it up with his personal stuff, removing my boxes, which he deposited in my kitchen.
Do I have the right to stop paying rent until this is redressed? He did this around five months back.
b) My wife, 85 & I, 90 and my daughter 42 are the tenants of this property. The tenency commenced around eight years ago when there was a PROPER tenancy agreement. In all the intervening years there has been NO FORMAL TENANCY agreement.
Can the Landlord evict us? Or can we be classified as sitting tenants? If he does try to evict us, does he need to apply for the COURT's ORDER. How easy is it for him to get this, considering our ages.
c) He's been pushing us for a raise in the rent. Can we use the excuse under a) above to repel his proposed increase? And even claim recompense for his action?
Please help me.
Submitted: 1 year ago.
Category: Law
Expert:  LondonlawyerJ replied 1 year ago.
a) Was the shed covered in the original tenancy agreement? Is the garden covered and have you used the shed and garden throughout the time you have been there.
b) You will probably not be a sitting tenant if you moved in 8 years ago. Unless you have an unusual type of agreement you will be an assured shorthold tenant with very little security of tenure. Worse, you are probably on a rolling periodic tenancy which means your landlord easily get possession with 2 months written notice.
But look at your old agreement this will still govern your current position
c) I think this would run the risk of a revenge eviction.
Customer: replied 1 year ago.
My main question is: Does the Landlord require a court order for eviction. If so, how long does this take on average? We are in Harrow,, Middlesex.
Customer: replied 1 year ago.
My Phone is(###) ###-####1914 - Pls call me. Thanks
Customer: replied 1 year ago.
NO i don't want to talk on the Phone as this involves a further payment.Can you please answer the question re COURT ORDER?
Customer: replied 1 year ago.
Are you there?I am waiting for your response.
Customer: replied 1 year ago.
My question was not fully answered. So I am waiting for a response. Please HELP.
Expert:  LondonlawyerJ replied 1 year ago.
Yes he will require a court order to legally evict you. If, as is likely, you are a statutory periodic assured shorthold tenant then he can achieve this by serving a valid s21 Notice Seeking possession and then at the end of the 2 month notice period he can commence accelerated possession proceedings. Total period of time from serving notice to eviction 3-4 months.
Your tenancy deposit must be in a deposit guarantee scheme before he can serve a valid notice.
Customer: replied 1 year ago.
Thank you for your reply. That was most helpful.As regards ***** ***** rent he is proposing, If we think that this new increase is UNREASONABLE then how do we arrive at an acceptable increase? Is there a process of some ARBITRATION? If so, how does this work?
Customer: replied 1 year ago.
Can you please reply to my above question. I am waiting for your response.
Expert:  LondonlawyerJ replied 1 year ago.
Like most lawyers on this site I am a lawyer in private practice and fit my answers in around my other work.
No, there is no procedure and the landlord can put up the rent as he wishes at the end of the period of the tenancy (that is probably monthly at the moment) There is no fair rent type protection for those with assured shorthold tenancies.
Customer: replied 1 year ago.
Thank you very much for all your help. It has REALLY clarified the important issues.Finally, I have paid $47 with my card. I am unclear re the MONTHLY ROLL-OVER fees. I would like to state that I will NOT be seeking any further advice - so I trust there are no further fees. Please confirm this final point, and thanks again for all your help.
Expert:  LondonlawyerJ replied 1 year ago.
I am afraid I am not able to help with that last point. I am an independent solicitor and, although I provide answers here I am nothing at all to do with the administration side of things at just answer.
I would suggest that you contact your bank and JA to make sure no further money is taken.
If you are happy with my answers then please rate my answers as I will not get credited for my time assisting you unless you give me a rating.
LondonlawyerJ, Advocate
Category: Law
Satisfied Customers: 782
Experience: Solicitor with over 15 years experience.
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