The landlord left him a message informing him to collect his possessions from the head office and that his tenancy had been terminated. This work explores the intricate and delicate legal processes and irregularities that the landlord may have disregarded in terminating James’ tenancy. It explores the possibilities that South Bank Properties Plc. The work outlines the manner in which James can be readmitted to the house owned by South Bank Properties Plc. It investigates the legality of the eviction of James by South Bank Properties Plc. It reiterates the meaning of security of tenure in relation to the case study.
Further, the work explores the remedies James has in relation to the disrepair that was evident in V’ s house. Furthermore, the work reiterates the duties owned under the homeless legislation. For the South Bank Properties plc to readmit James into the house again, there must be proof beyond reasonable doubt that South Bank Properties plc contravened constitutional and legal provisions in evicting him from his premises. Regaining possession by a landlord from a tenant is a process that is governed by a set of comprehensive laws, and cannot be done arbitrarily at will.
The scenarios under which the landlord can regain possession from the tenant are numerous. For most occasions, regaining ownership of property occurs at the end of a tenancy period. For the case of James and South Bank Properties plc, the tenancy had not ended and, therefore, there had to be other special grounds for changing the locks and reclaiming the house. The other reason that could justify South Bank Properties plc’ s repossession of the house is a failure by James to adhere to tenancy agreements.
In addition, having rent arrears could be the other reason for withholding the possession of the house. Assuming that South Bank Properties plc had formidable reason to claim that James owed it rent for the past two weeks, there were legal procedures that it did not follow. Considering the type of tenancy of James (Assured Shorthold Tenancy) (Andrew & Dymond, 2012), the landlord had to give notice to James on his intentions to evict him.
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