Legal or illegal?

Pixie5740

adindas wrote: »

The link refers to a tenant, but if he is living together with the Landlord then she is not a tenant but a lodger ...

I think the op has not clarified about this .

I thought the OP said the landlord lives elsewhere. Besides the tenancy checker asks if you live in the same home as your landlord.

45002

For Reference

Just to point out Protection from harassment and Illegal eviction

come's under the Rent (Scotland) act 1984, Section 22, Part 3

http://www.legislation.gov.uk/ukpga/1984/58/part/III

chris_m

Guest101 wrote: »

Well he called a locksmith changes locks and deducts from the rent.

He'd better make sure that he takes ID and his copy of the tenancy agreement to work with him just in case. I doubt a locksmith (well a reputable one) will break in without adequate proof that he is who he says he is and that he's legally entitled to access the property.
It's not a lot of use if that proof is locked inside the property, they'll want to see it before opening up..

45002

45002 wrote: »

For Reference

Just to point out Protection from harassment and Illegal eviction

come's under the Rent (Scotland) act 1984, Section 22, Part 3

http://www.legislation.gov.uk/ukpga/1984/58/part/III

Just to add

Civil action for damages is covered by

Housing (Scotland) act 1984 Section 36, Part 2

http://www.legislation.gov.uk/ukpga/1988/43/part/II/crossheading/protection-from-eviction

storm35

Landlady does not live at same address, he has a short assured tenancy, 6 months, but it renewed itself, im sure this 6 months is up next week.
Landlady has not giving any reason why she wants him out, he thinks its rent arrears.
She text him last week to tell him to get out by tomorrow, text him today tell him tomorrow, no letters nothing?
She might keep his tv and stuff in return for rent? Starts work tomorrow at 5am til 5pm, paranoid he wont get into his home.
He cant afford a solicitor if he gets evicted tomorrow, dont think the police will do anything, not sure its their job, to get him back in?

Mistermeaner

Or how about he pays his rent? Shocked that people jump into defend the 'rights' of someone who is in breach of their contract

nzseries1

ggb1979 wrote: »

Shocked that people jump into defend the 'rights' of someone who is in breach of their contract

Nobody is defending him. They are merely pointing out his rights.

somethingcorporate

Even people that breach their contract have rights and are protected by laws.

Sharon87

Legally the LL can't evict with such short notice. So if she does she is breaking the law. I would suggest the tenant saves up for a deposit and try and find somewhere else to live - meanwhile living in his current place until the LL can legally evict him. He should tell the LL his intentions that he wont be moving out as she hasn't given enough notice, or legal notice, but that he will be looking for a place to move, and a reference would help with that...

This is my suggestion as even if he manages to stay in his place, one day the High Court Enforcement Officers could be on his door evicting him that day. I would try and find somewhere else to live ASAP.

Pixie5740

ggb1979 wrote: »

Or how about he pays his rent? Shocked that people jump into defend the 'rights' of someone who is in breach of their contract

As a tenant he still has rights. The OP mentions a rent rebate so possibly this is something to do with housing benefit or something else outwit the tenant's and landlord's control.

Whilst it might be irritating for a landlord when a tenant does not pay rent it's one of the risks they signed up for when becoming a landlord. There's a due process to follow to evict a tenant and a text message isn't it.