How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Thomas Your Own Question
Thomas
Thomas, Solicitor
Category: Property Law
Satisfied Customers: 7620
Experience:  UK solicitor holding an England and Wales practising Certificate.
28732269
Type Your Property Law Question Here...
Thomas is online now

I have an AST flat which runs out in December 16. Can

Resolved Question:

I have an AST for a flat which runs out in December 16. Can my landlord evict me prior to that on the basis that he wants to carry out substantial works to the flat
Submitted: 1 year ago.
Category: Property Law
Expert:  Thomas replied 1 year ago.
Hi Thank you for your question and patience, I’m Tom and I’ll try to help you.The answer is that your landlord cannot do this legally.This is because he can only get possession on one of the grounds contained in the following list:http://www.landlordzone.co.uk/content/grounds-for-possession You will note that getting possession in order to carry out works to the property is not one of the grounds and he cannot therefore serve you a valid eviction notice (called a s21 notice) because her does not have a ground on which to base that notice, so it would be thrown out of court. If one of the other grounds in the list applied then he might be able to base a notice on the relevant applicable ground, but then obviously you would be free to defend the application to court (because he would have to apply to court if you did not leave after getting the notice – he cannot just change the locks.. My goal is to provide you with a good service. If you feel you have received anything less, please reply back as I am happy to address follow-up issues specifically relating to your question. Kind regards,Tom
Thomas and other Property Law Specialists are ready to help you
Customer: replied 1 year ago.
Can he argue that he can do so on Ground 6 (where recovery of possession is allowed where a landlord wishes to demolished or substantial reconstruct or redevelop the building).as he wishes to demolish some part as he needs to comply with a planning enforcement notice.Can i not say to him to wait until December when i am moving out