Shelter’s Income and expenditure figures highlighted13:57 PM, 4th February 2019
About 2 weeks ago 35
This is about a tenant who claims a a Section 21 notice constitutes illegal eviction because he can’t return to the property during rebuilding work.
I made a mutual agreement with my AST tenant to vacate my house temporarily for 3-4 months during rebuilding in lieu of rent, and he agreed. He left as planned without complaint.
However, while he was away, I was given serious information that caused me to give him two months’ notice by serving a Section 21 (it’s a periodic tenancy). The notice expires before the rebuilding work will finish.
Now he and his lawyer are claiming that this is illegal eviction or harassment, because he can’t reside in the house during the notice period, and because I am not allowing him to return after the agreed temporary absence for the rebuilding.
Therefore, he’s going to take me to court and is demanding compensation of £5,000 for various costs and distress he says I’ve caused.
Is he right that it could constitute illegal eviction if the tenant is not able to reside in the property during the notice period?
Also, does a mutual agreement that a tenant can return after rebuilding work become a form of forced eviction if, because of subsequent unforeseen developments, I give him notice to quit and so don’t let him return after all? I’m not sure what I have to do to resolve this.
Thanks for any help on this. I have no experience with this, and have found no analogous cases online, so I am very grateful for advice.
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