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Jamie-Law
Jamie-Law, Solicitor
Category: Property Law
Satisfied Customers: 7089
Experience:  Solicitor
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I have been a tenant in a residential flat for 20 years. The

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I have been a tenant in a residential flat for 20 years. The property changed hands 18 months ago and I remained in occupancy and I have no written agreement or rent book and they have advised me today that they are issuing a section 21 to evict me . Can they do this.

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

Have you been given 2 months to leave? Did you move in around 1997?

Customer: replied 4 months ago.
No I have not been given any notice period. Yes I moved in prior to 1997.

What year? It may be the morning when I reply.

Customer: replied 4 months ago.
I moved in to the flat in 1995.

Ok - you have an Assured Tenancy

Your tenancy will continue until you or your landlord end it. This can happen by:

  • you and your landlord agreeing to end the tenancy (known as surrender)
  • you serving a valid notice to quit
  • your landlord lawfully evicts you by following the correct procedure

If you have a periodic tenancy, you have to give written notice to your landlord of at least:

  • 28 days if you pay rent weekly
  • one month if you pay rent monthly

Your tenancy agreement may say you must give more notice.

Therefore the Landlord can give notice for you to leave. If you refuse to leave, then he must get a Court order, you can not just be evicted.

I am sorry if this is not the answer you want, nor the one I want to give you, but I have a duty to be honest.

Can I clarify anything for you about this today please?

Customer: replied 4 months ago.
The land lord is threatening me with a Section 21 Court Order. Can she do this as there is no tenancy agreement in place.

Yes sadly.

Does that clarify?

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