Please can you give me advice for a friend who sent me this:
‘Hi Chris wonder if you can give me some advice, I know you know a bit about landlords and tenants. My daughter and her husband live in rented accomadation, she has been having verbal abuse off him and on many occasions have to call police out on him, he left and took his things but wants to come back, she doesn’t want him back. The landlady can’t take sides because it’s a joint tenancy. She has told my daughter she is giving them 55days notice to vacate the property, my daughter and myself went to see citizens advice yesterday there a solicitor told her to get a occupational order out on her husband, which she is going to try, he also said because my daughter has payed all her rent and has no asbo against her to stay put. Cause she has done nothing wrong. My daughter just rang and said her landlady just rang and said that the solicitor don’t know what he is on about, because the landlady has rights to and if she don’t vacate property by 55 days bailiffs will come in and remove all her furniture, can she do that without it going to court, and would that cost the landlady money.if you can shed some light on this Chris I would be really great full xxx’
1 Comment
I don’t really know anything about the occupational order part and a solicitor is best for that. I do know that spouses have an equal right to the property and so some court order would be needed to exclude one partner.
The landlady is completely wrong and if that’s exactly what was said has committed an offence by saying those things under section 1 Protection from Eviction Act 1977.
A section 21 notice needs to be served which is at least two months in length. After expiry of the notice, a possession order from the court would then be required and only after that could the bailiffs be sought.