Dave, I need your help! My Landlord wants to throw me out onto the street!
What? Literally hurl you from the property in your stockinged feet – to fend for yourself on the mean streets of Merthyr Tydfil?
Well… No. But he certainly wants me gone. He was really, really certain about that.
Oh God. You did that thing with the tiger and the midgets again, didn’t you. How many people were hurt?
No Dave – nothing like that. It’s a small thing. I don’t even understand why he was shouting so much.
He was shouting at you. Did he actually give you a letter telling you to get out?
No. Is that important, Dave?
It’s hella important. Kicking someone out of their home is a legal process. It needs dated documentation.
Thank God for that. I’m safe then?
No chance. If he really wants you gone, you can bet that the letter is already in the post.
How about if I just don’t open it?
Sorry dude. It still counts, and the chances are that he’ll have kept a copy too.
Crap crap crap. What do I do.
You stop panicking. Sit down, make a cup of tea. You have time on your side here. Do you have a tenancy agreement?
No. Well, I used to but it was only for six months and that was more than 10 years ago.
That’s bad news dude. It still counts and means your landlord can apply for the accelerated possession procedure.
Accelerated possession? I’m going to faint. What is it? A day? Two days? I’m going to living under a motorway bridge, cuddling into a cardboard box for warmth and eating out of bins.
Honestly, if you keep flying off the handle like this, I’m not going to help. It still means you have two months before he can actually kick you out – unless there are special circumstances. If you genuinely never had a tenancy agreement, it would be far more difficult for him.
I suppose I could conveniently lose it…
Look, not having a tenancy agreement just means that it’s difficult for your landlord to prove specifics such as when you moved in, and potentially creates more paperwork for them. It might mean that it’ll take longer to get you out, but seriously, if you lie to a judge, you’ll be looking at a contempt of court rap. And that’s never fun.
So there’s nothing I can do?
If you were still in the period covered by your tenancy agreement, you’d need to have broken the rules or fallen behind with your rent for the landlord to be able to evict you. After that… he just has to give you notice.
But I still have a couple of months to find a new pad… right?
Like I said, unless there are special circumstances.
Erm… These special circumstances of which you speak… What are they exactly?
It’s super rare, but if the landlord can demonstrate to a judge that you’re causing damage to the property, or are engaged in something super illegal or super dangerous, then they can apply for an emergency injunction, and you’ll be out on your ear in no time.
You’re not doing any of that are you?
Photo credit: Valeriy Osipov