Legal Questions and Answers by
Jonathan Stones of John Barkers
Question :-
Can a landlord evict a tenant just when he feels like it? Relations between my son and his landlord soured after he made a complaint about the condition of the communal hallway. The rent has always been paid on time and there has never been any suggestion that he has broken the terms of his tenancy but the landlord has now given him notice to quit.
Is this legal and if he ends up on the street what happens then? He has telephoned the council, who we understood are responsible for housing homeless people, but they seem completely unconcerned.
Answer :-
The law relating to tenancies has in recent years swung towards landlords. Your son will have what is known as an assured shorthold tenancy. The landlord can end the tenancy by giving the requisite notice, which is two months, whether or not your son is in arrears and whether or not there are any other grounds
Having said that, the notice has to be in the correct form and if your son does not go at the end of the notice period the landlord will have to seek a court order to get him out. The process will probably take another six to eight weeks but the landlord is certain to get the order.
Local authorities do have a duty to re-house homeless people . . . provided they have not
intentionally made themselves homeless . . . but many will not take action until such time as a court order is made. They do not necessarily have to react to a notice to quit.
The help that will be provided ranges from assistance in finding new rented accommodation to placement at a hostel, refuge or bed and breakfast.
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