notice 4 weeks??

norfolkshops

he as given no reason for eviction

barnaby-bear

norfolkshops wrote: »

he as given no reason for eviction

He isn't evicting her - he is giving her notice. He doesn't legally have to give a reason.

norfolkshops

ok he said to her over the phone he is writing to her to give her notice of this,surely it as to be a s21 form??

barnaby-bear

norfolkshops wrote: »

ok he said to her over the phone he is writing to her to give her notice of this,surely it as to be a s21 form??

http://england.shelter.org.uk/get_advice/advice_topics/eviction/eviction_of_private_tenants/notice_from_the_landlord

http://england.shelter.org.uk/get_advice/advice_topics/eviction/eviction_of_private_tenants/the_rules_by_tenancy_type/assured_shorthold_tenants

The landlord mght get the dates a bit wrong giving her a few extra days/weeks but on a periodic rolling AST she fundamentally has few rights to stay long term and if stays beyond the notice could end up liable for a whole heap of charges and costs. It isn't a battle she will win long term if the the LL wants her out on an AST he can and she'd be better off looking for somewhere else to live and keep amicable with the LL so has the deposit returned and a good reference. It's odd for a LL to serve notice and risk a void on a long term tenant - has there been any dispute over rent arrears, rent rises, repairs, neighbour complaints?

barnaby-bear

norfolkshops wrote: »

ok he said to her over the phone he is writing to her to give her notice of this,surely it as to be a s21 form??

It doens't have to be a form but contain the key points as detailed on hte Shelter links.

norfolkshops

ok many thanks for all the info,just one last question please can she leave at any time during those 8 weeks(in other words if she leaves for another house in 2 weeks she dose not have to ay the full 8 weeks to the landlord or is the 8 weeks notice just telling her to leave at any time)

barnaby-bear

norfolkshops wrote: »

ok many thanks for all the info,just one last question please can she leave at any time during those 8 weeks(in other words if she leaves for another house in 2 weeks she dose not have to ay the full 8 weeks to the landlord or is the 8 weeks notice just telling her to leave at any time)

On a periodic the LL must give 2 months from a rent date, the tenant must only give one so she might be able to not stay the final month if she gets her notice in on the right dates.

norfolkshops

ok just found out still waiting for letter of notice to quit but she phoned up about a repait and was told to go and get lost(thats me being polite)what can she do about repairs in the house until she comes to the end of her notice can she go somewere to get advice thank you

clutton_2

this tenant pays rent weekly - there may be differences in notice requirements - i am not sure

in any case, she has to have a rent book if she pays weekly

paintpot

norfolkshops wrote: »

ok just found out still waiting for letter of notice to quit but she phoned up about a repait and was told to go and get lost(thats me being polite)what can she do about repairs in the house until she comes to the end of her notice can she go somewere to get advice thank you

The landlord cannot stop repairing the property even if the tenant is under notice. The landlord's legal obligations continue. What repair issues does your daughter have?

I would strongly suggest that your daughter does contact Shelter or the Private rentals team at the council or the CAB for advice.

Without re reading the whole thread I have probably missed a few bits of information but I recall this was not straightforward at the outset.

There appears to be an issue between the landlord and your daughter. Can you shed any light on why the landlord is taking this unacceptable/aggressive approach? Are there any rent arrears or issues in respect of your daughter i.e why do you think he wants her to leave? If you know of any then it may assist you in getting full advice.

In order to remove your daughter from the proeprty then he needs to serve notice and subject to the reasons that notice may not just be a S21, it could be a S8 notice. Either way, it has to be served correctly, in the correct format and your daughter can stay in the property until a court order has been granted and even beyond that i.e until a bailiff is appointed in certain circumstances. However, I am sure your daughter would rather avoid that, however, if she is looking to be rehoused by the council then she may be encouraged to do so.

I don't think anyone on here can fully advise you with the limited facts we have. If your daughter has not even received notice yet then she has time to prepare but I would suggest you check whether any notice has been served and then whether any such notice is legally valid.