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nuclearpigeon

Please Help With An Eviction Situation

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Hi. Our LL used to rent the whole property to 1 person who then sublet the rooms individually. When this 'proxy' landlord left in late January he adopted a frustrating position of not wanting to issue new contracts until all 4 rooms were filled.

This became like trying to fill a bath with the plughole out as people would take a room but shortly after get spooked by the lack of papers & leave. Now I'm the only one here, he intends to sell the house and I intend to find a new place. However I've been seriously ill in July and although I knew in this month that he intended to sell at some point he suddenly announes ~30 July that he intends to sell it to a known buyer on 7 August, with me still recovering and in a lot of pain. There was no way I could find somewhere to go at the drop of a hat, especially in a bad state & so he thinks he's doing me a favour by delaying the exchange until 10 August.

In reality all that's been happening is that I've been running around panicking & when I do go to viewings I'm in totally the wrong frame of mind. Someone else has suggested that because I'm in possession, the landlord doesn't live here and I've been paying regular rent at the start of the month that this should constitute an implied assured shorthold tenancy which would been he can't evict me without 2 months written notice. But I've no idea if this is actually true. Anyone got any ideas, or if it's wrong ideas on if I have any rights at all?

Thanks.

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In reality all that's been happening is that I've been running around panicking & when I do go to viewings I'm in totally the wrong frame of mind. Someone else has suggested that because I'm in possession, the landlord doesn't live here and I've been paying regular rent at the start of the month that this should constitute an implied assured shorthold tenancy which would been he can't evict me without 2 months written notice. But I've no idea if this is actually true. Anyone got any ideas, or if it's wrong ideas on if I have any rights at all?

Thanks.

Well in principle that's right, though whether your situation is affected by you originally being a sub tenant of the actual tenant, I don't know.

take a trip to the CAB and ask them for some advice

tim

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it might also be worth contacting his solicitor or the solicitor of the buyers and pointing out that at the moment,the house is occupied and therefore if they're expecting vacant possession,there may be a problem.

Thanks people. This is encouraging. The 'tenant' that I was a subtenant of leaving would just nullify the contract between himself and me surely? - or that's what seems logical. Obviously with him gone I don't owe him monthly rent anymore. So, ~7 months regular payments to the owner - community legal advice put me through to someone who also seems to think that this is a 2 month situation - that's who I was referring to in my original article. However, one person's thoughts in a situation as urgent as having a home can always be wrong, whereas > 1 is more reliable when they say the same thing which is why I asked on housepricecrash (seemed appropriate - why do you think he's desperate to escape the mortgage?).

CAB here has a queue to Argentina even if you show up an hour before they open and I've been trying to verify the situation with Shelter who have been permanently engaged - very annoying.

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It seemes to me you are a tenant with an Assured Short Hold Tenancy Agreement. The situation you describe ticks all the boxes for such an agreement to be in place. Assuming you have been there longer than 6 months, you are entitled to two full calnder months notice via a correctly filled out s.21 notice (I assume any deposit you have paid has been correctly registered in a TDS scheme?). After the expiry of the s.21, if you dont leave, the landlord will have to apply to court for an eviction.

I would suggest that your landlords sale will depend on vacant possesion. I dont know his character, but his he likley to ensure vacant possesion on completion even if that requires physically removing you from the property?

What you describe is a bit of a can of worms. I suggest qualified legal advice immediatley,

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Is there another CAB you can use? they usually advise you if you live OR work in their area.

Where eviction is a near possibility they aften have emergency appointments.

Their advice Guide URL

http://www.adviceguide.org.uk/index/family...r_tenancies.htm

Shelter

http://england.shelter.org.uk/get_advice/eviction

and don't forget your Local Authority - someone there will have responsibility for private sector housing . They don't want you dumped on the street because they might have to rehouse you (nowhere you'd want to live, but still...)

Bottom line is that if anyone tries to evict you physically without a Court Order they are in serious doggy-do - criminal, not civil. That applies even if you are a squatter! You at least have a plausible case. Yes, you CAN be evicted - eventually - the only question is how long. It takes time to get a Court hearing.

If the LL knows you know your rights, and he's supposed to complete on the 10th he has a serious conveyancing problem! He might - I emphasise MIGHT- even find it worth his while to bribe you to get out pronto. Money solves a lot of problems....

Edit

local solicitors often do a 30 minute free advice session - check the local library or Google.

Edited by cartimandua51

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jsut to emphasise some of the excellent advice above from cartimandua and planner,if he tries to evict you physically without a court order call the police.

whereabouts are you?

I'm in north London. I've decided on the physical situation if I'm out (which has to happen sometimes, obviously, if I'm going to locate somewhere new), & I come back to find the door can't be opened, to have a charged phone with me & phone the cops, otherwise if I'm in and the cavalry arrives to head up into the loft with my phone and remove the ladder on the way up. And the door will remain deadlocked with the key in the other side.

This one's heading for the rocks by the looks of it...I need the letter from the civil legal aid people and then I'll stick my stake in the ground. Camera at the ready in case I need it... Jeez this sucks. Which is why I took today off completely and forgot about it because the chance of getting out under this level of stress - what being level headed at fresh viewings and so on - is nil, & I've had enough, so fzck it. Listen to test match cricket instead (no, that didn't help either, but it was at least comical). Still, lying in bed doing zip was a refreshing change from anxiety, fear and stress.

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jsut to emphasise some of the excellent advice above from cartimandua and planner,if he tries to evict you physically without a court order call the police.

whereabouts are you?

Oh, one more thing - someone asked about deposits - does it matter re being entitled to 2 months/having this implied contract that he, well, er, kind of doesn't have a deposit out of me? As advertised ^^^, the lack of signed paper caused the original stall, & I wasn't going to pay extra cash without an explicit signed contract that = a proper chance of getting it back. Shouldn't matter should it, what with deposits not being an automatic requirement of an AST?

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Oh, one more thing - someone asked about deposits - does it matter re being entitled to 2 months/having this implied contract that he, well, er, kind of doesn't have a deposit out of me? As advertised ^^^, the lack of signed paper caused the original stall, & I wasn't going to pay extra cash without an explicit signed contract that = a proper chance of getting it back. Shouldn't matter should it, what with deposits not being an automatic requirement of an AST?

Deposits are completely irrelevant. Some landlords don't ask for them , either because they are too much hassle with the new regs, or because tenants then just don't pay the last month's rent, or because ( esp in the case of students) they get a parental guarantee. No impact on the rest of the legalities.

Edit

You might consider a notice on the door as per the squatters websites

http://www.squatter.org.uk/index.php?optio...3&Itemid=31

But definitely remove any reference to squatting! You hope you have a contract. Perhaps inserting something on the lines of " I am renting this property and the LL has not complied with the HA 1988 (check this reference before using!) relating to termination of contract"

NB I am not a lawyer, get legal advice.... etc etc

Edited by cartimandua51

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