What rights do i have?
Find answers to your legal question.
What rights do i have?
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My landlord has just told me that he wants me to move, i asked when i moved in would i have to leave for the summer (as it is a holiday home) and he said no. Now some lease he has for the house is saying he cant rent it until next year. I have a 3 month old and there isnt that may houses around....... what can i do please help!!! Additional Details thats the thing i asked him to send me the tenancy agreement.... unfortunatly im still waiting... im only here since the day my son was born
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"isitme"
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Are you saying that he is saying he's not allowed to rent it out? if so that's his problem, not yours.
Although it's going to be stressful for you, under the Criminal Law act of 1977, a Landlord has to serve the following to regain possession of a property.
1 Legal written notice AND
2 Court order for possession AND
3 A bailiff's warrant.
Until all three have been served, the tenant has the absolute right to stay in the property.
It is a criminal offence to harass or unlawfully evict a residential occupier.
As far as I'm aware, the act hasn't recently been amended, but it might be worth a visit to the CAB to clarify the matter, good luck. |
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tex k
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If it was a short term let then you will probably have to move .As a precautionary tale always get any agreement in writing and if possible witnessed by a third party.Any decent above board landlord will not object to these measures.But in the current climate there are hundreds if not thousands of rental properties on the market with desperate landlords trying to find tenants so move |
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paul h
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If, as you suggest, you are staying in a holiday let (England/Wales only) you have very little security of tenure and it will be easy for your landlord to evict, however it is vital that you check the type of tenancy agreement you have to ensure that correct procedure is followed.
If you do not have a written tenancy agreement then it depends on the amount of time you have been living at your current accommodation, how often you pay rent, whether you have sole use of the property etc, in order to determine any security of tenure you may have.
In the meantime you need to register as homeless/under threat of homelessness with the local council. Given that you have a 3 month old child, and assuming you have not made yourself intentionally homeless, the council will have a legal duty to rehouse you.
For further advice on security of tenure and applying to the council as homeless, click on the following link: http://www.shelter.org.uk
Good luck. |
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The One
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Did you get a contract it will all be on there. |
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Nemesis
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Consult your local Citizen's Advice Bureau.
It sounds as if your landlord has misled you and is now breaking his contract with you - feeling free to do so because he failed to provide you with your tenancy agreement in writing.
On the other hand HE might have broken local planning regulations which might restrict the letting only for holidays - not long term or 'out of season' occupation.
The CAB will explain your rights but you should let them see ANY written agreement your landlord has provided. They might well refer you to the Local Borough Council who could help you - especially if you are faced with eviction. |
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Hit P.I.G AM
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Do you have a lease? Do you pay your rent on time?
AS long as you are not in breech of that lease, it would be nearly impossible for the landlord to get you out before the term of the lease expires. If the landlord needed the house for his own use, it could go quicker. There are instances where the courts will side with a landlord if he needs it (His house burned down, or lost other home for any reason including divorce or foreclosure)
If you do not have a lease, in most states, in lieu of any legally binding contract, the actions of the parties constitute a contract. That means if you have no rental agreement but can prove you pay a certain amount of rent each month, the landlord cannot increase it before a period certain (Usually one year as residential agreements are typically one year leases).
Laws vary in each state, but most stick pretty much to the above basic structure.Good luck |
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