Eviction notice, legal stance? | The Tenants' Voice
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Eviction notice, legal stance?

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492 views 1 replies latest reply: 05 July 2016

If I can explain briefly, I have a assured short hold tenancy in a block of flats, my tenancy agreement was very basic, it only contained the flat number, landlord details and mine. I was never given a T&Cs to the tenancy. And landlord has failed to provide one. I have to cats in my flat, which my landlord is now seeking my eviction for. However as mentioned terms of tenancy were never given to myself or even told to myself. So my question is, if theres nothing signed in black and white by parties stating anything about animals, as my tenancy as meantioned did not contain anything to do with pets and terms were never given. We’re do I stand with him trying to seek possession? Surely if it was never said in the contract that animals cant be kept, then im not breaching my tenancy or grounds for eviction? Thanks for any help.

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Hi Jade,

It depends what was said- as the spoken word is as binding (but hard ti prove). If the Landlord said ‘no pets’ then you have knowingly breached that term and are in breach of contract. However, if noting on this matter was said, the Landlord has no stand point.

However, terminating a tenancy for breach of contract is much more complicated than it sounds. Usually, this is a matter for the courts- not for a Landlord to decide unless you agree to it.

If nothing was said about pets and you are withon your minimum term they cannot serve notice on you. What is more, if they dont have a valid gas safety certificate and/or havent registered your deposit they also cant serve notice on you.

Any notice by a Landlord must be at least 2 months notice in writing (Eng & Wales law). In such situations it just depends if you want to turn the matter legal and have the Landlord take you to court or whether you want to reach a mutual agreement to vacate the property at a suitable date.

It is worth noting that you have a right to remain in the property until evicetd by a court appointed bailiff- although this may make it very diffcult to secure your next rental property.

Hope that helps

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