Landlords are not permitted to evict a tenant without following the correct procedure, which involves issuing a section 8 or section 21 notice stating that they are seeking a possession order to have their property return to them. The section 8 notice is served during the first six months of a tenancy agreement and must have grounds associated with it; usually the non-payment of rent, although the tenant breaking any part of the tenancy agreement can also be used. A section 21 notice is relevant for seeking possession after the first six months of tenancy and requires no grounds; it can be served at any point, as long as the date that the land lord requires possession of the property by is not within the first six months of the original agreement. If you think you are being evicted illegally contact a housing lawyer immediately for advice and help.
Lawful eviction
If the landlord has followed the correct procedure and served notices at the right time they still have to obtain a possession order from the court to enable them to reclaim their property. A section 8 claim will require a court appearance and if they wish, the tenant may attend to give reasons why they should not be asked to vacate the property. There are some grounds that make a possession order mandatory, such as the tenant being more than two months in arrears with the rent; however, a court may give you extra time to catch up before an eviction if they feel you intend to make good the outstanding debt. Consult a housing solicitor for more information.
Grounds for an illegal eviction claim
If your landlord has not served a section 8 or section 21 notice; but still evicts you, it is likely to be illegal. Changing the locks whilst you are away or physically removing you and your possessions from the property are both illegal and a housing possession solicitor will be able to help you request an injunction to get your home back and prevent the landlord from repeating the unlawful eviction. Harassment is also a criminal offence and if the landlord is making you feel that you have no choice but to move out or is refusing to carry out repairs to the property, you have good grounds for a harassment claim. In such cases, consult a disrepair solicitor or housing solicitors to help you navigate the court procedures and deal with the legal paperwork. Obtaining an injunction to prevent your landlord evicting you illegally means that any further attempt to do so will be in contempt of court and he or she will face a fine and perhaps even a custodial sentence. You may also be able to claim any costs you have incurred and compensation for distress caused.
The laws relating to illegal eviction are there to protect tenants, so if you feel under pressure to move out or are physically removed from the property, contact the police and a housing lawyer right away; illegal eviction is a criminal offence and the courts are able to move very swiftly to get you back into your home.
Lawful eviction
If the landlord has followed the correct procedure and served notices at the right time they still have to obtain a possession order from the court to enable them to reclaim their property. A section 8 claim will require a court appearance and if they wish, the tenant may attend to give reasons why they should not be asked to vacate the property. There are some grounds that make a possession order mandatory, such as the tenant being more than two months in arrears with the rent; however, a court may give you extra time to catch up before an eviction if they feel you intend to make good the outstanding debt. Consult a housing solicitor for more information.
Grounds for an illegal eviction claim
If your landlord has not served a section 8 or section 21 notice; but still evicts you, it is likely to be illegal. Changing the locks whilst you are away or physically removing you and your possessions from the property are both illegal and a housing possession solicitor will be able to help you request an injunction to get your home back and prevent the landlord from repeating the unlawful eviction. Harassment is also a criminal offence and if the landlord is making you feel that you have no choice but to move out or is refusing to carry out repairs to the property, you have good grounds for a harassment claim. In such cases, consult a disrepair solicitor or housing solicitors to help you navigate the court procedures and deal with the legal paperwork. Obtaining an injunction to prevent your landlord evicting you illegally means that any further attempt to do so will be in contempt of court and he or she will face a fine and perhaps even a custodial sentence. You may also be able to claim any costs you have incurred and compensation for distress caused.
The laws relating to illegal eviction are there to protect tenants, so if you feel under pressure to move out or are physically removed from the property, contact the police and a housing lawyer right away; illegal eviction is a criminal offence and the courts are able to move very swiftly to get you back into your home.
No comments:
Post a Comment