An assured shorthold tenant is someone who rents a private residence. It is only legal to evict this type of tenant if all rules are followed completely. There are specific rights and notices provided to tenants before an assured shorthold tenancy eviction can occur. A Tenant’s Rights:
When the proper written notice for eviction is provided, then there’s nothing that can be done about it.
The landlord must give correct notice in a written form.
Tenancy that is for an unknown amount of time allows for the landlord to evict only if he/she has grounds or if he/she gives you a two month notice that an eviction will occur.
Grounds for eviction don’t need to be provided to a tenant with an unknown amount of time for tenancy, if a notice of eviction is given two months in advance.
A tenant with an unknown amount of rental time can also be evicted as long as the landlord has grounds to go by.
Notices Provided:
For eviction of a fixed term tenant, the landlord will need to give a reason why eviction is occurring.
Written notice has to be provided from the landlord for both periodic tenants and fixed term tenants.
Eviction of a periodic tenant needs no grounds, but if grounds are given then there must be a 14 day totwo month notice before eviction takes place.
When a deposit is held, the landlord can use the shorthold ground for a periodic tenant, but must provide eviction notice in writing, notice should also be two months in advance, the notice should not be given until the last day in the rent cycle, and it needs to state that the notice is being given by virtue of Section 21 of the Housing Act 1988.
Eviction of a tenant with fixed term tenancy must include a reason for the eviction.
Landlords have grounds for eviction if rent is constantly late, tenancy terms have been broken, property is being abused, if the tenant has become an annoyance or nuisance, or if the landlord’s property is being repossessed. It is illegal for a landlord to harass a tenant during an assured shorthold tenancy eviction. If this occurs, then the eviction can be invalid.
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