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 Posted: Mon, 12th Jun 2006 00:05 Post subject: Minimum notice given by landlord in UK (England)? |
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Ok, I have a question for all of you living in the UK, or more precisely in England.
If your landlord wants you to move out because his daughter got divorced and wants her to move in, can he only give you a notice of 1 month?
I cant really believe this since 1 month isnt nearly enough to find a new place and move out, here in Germany and many other EU countries the minimum is 3 months.
So, can anyone say anything about this?
Does it only depend on his contract or are there proper laws for this kind of thing?
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| Posted: Mon, 12th Jun 2006 01:25 Post subject: Re: Minimum notice given by landlord in UK (England)? |
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In Canada it is one month for FAMILY. There are residental tenancy laws that protect people. For example if you give someone notice and they don't move out you can't go in and throw there stuff out in the street. You can't even enter their residence unless an emergancy. You have to get a balif to do it and it cost big bucks.
I found this:
http://england.shelter.org.uk/advice/advice-295.cfm
Its for the UK.
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Does my landlord have to give me a notice?
Most tenants are entitled to a written notice to leave a property even if your landlord did not give you a written agreement to live there in the first place. The main exception to this is if you share living accommodation such as a kitchen or bathroom with your landlord. In this case the landlord only has to ask you to leave verbally. See the section on when private tenants can be evicted for more information about the rights different types of tenants have.
What does the notice have to include?
The information that has to be included in the notice varies depending on the type of tenancy you have. The information that is usually required includes:
your name and address
your landlord's name and address
the date you have to leave
the reason your landlord is evicting you (if required)
information about where you can get advice
When can my landlord give me notice?
When you can be given the notice depends on the reason your landlord is evicting you and the type of tenancy you have.
If you have a fixed term tenancy your landlord can only give you notice during the fixed term if:
there is a reason (or 'ground') to evict you, or
the notice does not expire until after the fixed term has ended, or
there is a 'break clause' in your tenancy agreement
If you have a periodic tenancy your landlord can give you notice any time as long as the notice:
is for the correct length of time
contains any other information which may be required depending on what sort of tenancy you have
When do I have to leave?
The notice must specify a date by which your landlord wants you to leave. There are rules about the earliest this date can be. These depend on the type of tenancy you have and the reason why your landlord is evicting you.
You can leave on this date or if you have not got anywhere else to go you can stay until your landlord gets a possession order from the court.
Assured shorthold tenants
If you are an assured shorthold tenant your landlord must give two months' notice. If you have a fixed term tenancy the notice cannot come into effect before the fixed term has ended. You can only be evicted during the fixed term if your landlord can prove a reason. The reasons your landlord could use are the same as for assured tenants (see below).
Assured tenants
If you are an assured tenant your landlord must give either two months' or 14 days' notice depending on the reason you are being evicted. If the reason is because you have done something wrong (such as rent arrears or antisocial behaviour) the notice will be at least 14 days. If you are being evicted for any other reason the notice must be at least two months.
[u]Regulated tenants
If you are a regulated tenant you can only be evicted if your tenancy is at a certain stage (known as the statutory stage). The court will not make a possession order unless the landlord has a good reason for evicting you. [u]
If your regulated tenancy is still at its contractual stage the landlord has to give a notice to end the contractual tenancy before applying for a court order.
Occupiers with basic protection
If you are an occupier with basic protection the length of notice your landlord must give depends on how often you pay your rent. If you pay rent weekly you must be given four weeks' notice. If you pay monthly you must be given one months' notice. If you pay rent quarterly you must be given three months' notice.
The notice must also:
end on a day that your rent is due
explain your landlord must get a court order before you have to leave
contain information about where you can get advice
Excluded occupiers
If you are an excluded occupier (such as when you share facilities with your landlord) they don't have to give you written notice to leave. You are only entitled to 'reasonable' notice. This can be verbal.
What happens after the notice ends?
Unless you are an excluded occupier you don't have to leave until the landlord gets a possession order from the court. This means that if you can't leave when the notice ends you have a bit more time to find somewhere else to live. If your landlord ends up having to take you to court to make you leave you might have to pay their court costs (see below).
If you receive a letter from your landlord asking you to leave, get advice immediately to check whether you will have to leave or not. You should find out whether you can do anything (such as pay off your rent arrears) to prevent your landlord evicting you. If you can do this you will not normally be expected to pay your landlord's court costs. Get advice if you are thinking of staying after your notice ends.
Your landlord can apply to court for a possession order as soon as the notice ends. If this happens the court will contact you.
Will I have to pay court costs?
Your landlord has to pay money to the court to get a possession order. Just to apply for an order costs £120. To get a possession order against an assured shorthold tenant may cost about £200 in total if the case is straightforward. The costs may be much higher than this for more complicated situations or if your landlord uses a solicitor. If your landlord has to take you to court to evict you it is likely that you will end up having to pay their costs. If you do not or cannot pay you might end up with a court debt.
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So it would depend on what type of agreement you/they had. In my experience the law is on the side of the tenants as long as they are residential and legal. Rentals for commercial don't have a pot to piss in. My family does this and I manage their crap now but have only been to court once. I won because the tenants were showed up drunk, made a scene and walked out.
You have to call a tenancy advocate.
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| Posted: Mon, 12th Jun 2006 01:36 Post subject: |
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ok thx alot for the info, i guess its the best to first talk to the owner about it and if its no use
then talk to an advocate.
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| Posted: Mon, 12th Jun 2006 02:00 Post subject: |
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check the local council rather than a generalising website like that
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| Posted: Mon, 12th Jun 2006 02:01 Post subject: |
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| D_A_Kuja wrote: | ok thx alot for the info, i guess its the best to first talk to the owner about it and if its no use
then talk to an advocate. |
But 1 month isn't a long time and by reading the above they can't kick you out onto the street if you can't find a place in time. I hope that takes some of the stress off.
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| Posted: Mon, 12th Jun 2006 02:16 Post subject: |
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the average tenant must be given 2 months notice here in the U.K. However, the process can be speeded up if, for example, there is a criminal aspect involved.
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arw
Posts: 1281
Location: Barry - Wales - (UK)
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deelix
PDIP Member
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Location: Norway
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Macknu
Posts: 636
Location: Sweden
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| Posted: Mon, 12th Jun 2006 17:22 Post subject: |
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Here its 6months notice if their kicking you out, if you wanna move its 3months.
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| Posted: Mon, 12th Jun 2006 17:29 Post subject: |
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yes, but is it not legal to squat in england?
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arw
Posts: 1281
Location: Barry - Wales - (UK)
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| Posted: Mon, 12th Jun 2006 19:57 Post subject: |
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| Nailbiter wrote: | | yes, but is it not legal to squat in england? |
Not really sure if its legal but as long as you don't make any damage you have rights and you can't just get thrown out...It has to go through the courts which will take months.
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unless she's an ugly fucking whore. If so kill them both.
