A question about being evicted..

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enriquemessonier
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Joined: 13-05-05
Dec 12 2005 01:25
A question about being evicted..

1) What level of force are you allowed to use to enter a property you rent, as an assured shorthold tenant?

2) Would one tenant be allowed to lock out another tenant, with legal right, in any case EXCEPT domestic violence?

3) If the police ADVISED someone to do the above (i.e. lock another tenant out), WITHOUT any violence ever being committed by those locked out, would the police categorically be in the wrong, or simply pragmatically in the wrong ? (Im assumming they would be in the wrong to some extent).

4) What rights do I have as an assured shorthold tenant with regards to eviction?

5) What level of force can I resist a landlord attempting a civil dispute if he's attempting to undermine a written contract by intimidating/threatening me to get out? I imagine, with my limited knowledge of Free born Englsimens' Anglo Saxon rights, Im allowed to pretty much mash their faces?

lucy82
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Joined: 31-05-04
Dec 12 2005 10:40

If you have an assured shorthold tenancy for a fixed term your landlord cannot evict you before the end of that term if you have not broken the terms of your tenancy agreement. If it is not for a fixed term your landlord does not have to give you written reasons for eviction but still has to follow the correct procedure. See http://england.shelter.org.uk/advice/advice-271.cfm#wipLive-3859-9 for the correct procedure.

Unfortunately, many private landlords use intimidation to get people to leave and you have no defence against this by mashing their faces. I’d seek help urgently through Shelter. It may be a criminal offence for the landlord to use threats against you and your local council often offers assistance for people in these situations (for example, in Manchester there is Housing Advice). You might be able to get a court order to force your landlord to let you back into the property.

The rest of it is more complicated. I’m assuming the police have advised the other tenant to lock you out of the property. You have a right to enter that property but you have no right to damage the property to gain entrance. Depending on why the police advised the other tenant to lock you out, its difficult to advise you what to do. You can also use the shelter website to email them for advice. They also have a free national helpline 0808 800 4444 open seven days a week 8am to midnight. I’d give them a bell.