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Unfairly ejected

Question

I moved into my house two months ago with a one-year tenancy agreement. My landlord urgently needs to sell the property for some unspecified reason and wants me to go. I was offered one month's free rent to move out now. Am I entitled to any other compensation?

Answer

You do not say what type of tenancy you have, but if you rent privately, and your landlord does not live at the property you are likely to have an assured shorthold tenancy. Our advice is based on this assumption. If you have another type of tenancy get advice.

If you have signed a one-year fixed term assured shorthold tenancy your landlord cannot evict you in this way, unless you both agree to bring your tenancy to an end early. If you do both agree to end the tenancy early get this agreement in writing, as you don't want to risk any continued rent liability for the duration of the fixed term.

You can only be evicted during the fixed term if your landlord has a reason to do so, or if there is a break clause in your tenancy agreement that brings the fixed term to an end. You landlord then still has to follow the correct possession procedures.

If your landlord wants to evict you they have to follow the correct legal process. Your landlord needs to give you the correct notice. At the end of the notice if you don't leave, your landlord then needs to obtain a possession order from the courts, followed by a bailiffs' warrant.

If you landlord fails to evict you in the correct way, they may be illegally evicting you.  Illegal eviction is a serious civil and criminal offence. Get advice immediately if you find yourself in this situation. You may want to get help from a local advice service.


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Question answered by Shelter


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