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jimmyjazz

What Rights Does A Tenant Have ?

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A friend of mine is in a bit of a predicament.

He had a six months AST which expired last month.

He agreed with his LL to stay on another few months and that he would give 2 weeks notice when he was ready to leave.

He overheard his LL in the hallway discussing his room with another person.

The LL said he would be moving out in 4 to 5 weeks !!!!

This is news to my friend.

The LL hasnt given him any notice to quit (2 months notice required I believe

He cant mention it to the LL as he was eavesdropping.

Can the LL evict him in 4 -5 weeks ?

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A friend of mine is in a bit of a predicament.

He had a six months AST which expired last month.

He agreed with his LL to stay on another few months and that he would give 2 weeks notice when he was ready to leave.

He overheard his LL in the hallway discussing his room with another person.

The LL said he would be moving out in 4 to 5 weeks !!!!

This is news to my friend.

The LL hasnt given him any notice to quit (2 months notice required I believe

He cant mention it to the LL as he was eavesdropping.

Can the LL evict him in 4 -5 weeks ?

Check the contract !!! And double check it and re-read the small print!!!!!! AST's that roll over the initial 6month in my experience means that you (tenant) need to gice 1 Full months notice and the landlord too has to give 2 months notice.

But then there might be somehting in his contract?

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Read this thread:

http://www.housepricecrash.co.uk/forum/ind...showtopic=50262

Your friend may have been served a Sword of Damocles section 21 notice right at the beginning of his tenancy.

Otherwise, he must be served an S21 which is a minimum of two months, no matter what the contract says.

Will take at least two months - maybe even more if he plays his cards right (i.e. uses the full force of the law, drags it through courts etc etc etc) ;)

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Read this thread:

http://www.housepricecrash.co.uk/forum/ind...showtopic=50262

Your friend may have been served a Sword of Damocles section 21 notice right at the beginning of his tenancy.

Otherwise, he must be served an S21 which is a minimum of two months, no matter what the contract says.

indeed, and to end on the last day of a rental period.

And even after notice ends, they can't evict without a court order.

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Will take at least two months - maybe even more if he plays his cards right (i.e. uses the full force of the law, drags it through courts etc etc etc) ;)

Yes a tenant could use the force of the law to drag it through courts but I'd be careful about doing it if he wants to rent again. What reputable landlord would take a tenant on if his references said he'd done that and been in the wrong to do so?

Also with an S21 the landlord can apply for accelerated possession, this means unless the tenant knows how to challenge the S21 there won't be a hearing. Accelerated possession isn't that fast but is is faster than when a hearing is needed. So that thread is still worth reading so the tenant can see if he has grounds to challenge the S21. If the tenant can prove the S21 invalid hopefully the landlord will back down and so the tenant can cause a delay in which to arrange moving without tarnishing his reputation or the need for court.

http://www.housepricecrash.co.uk/forum/ind...showtopic=50262

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Yes a tenant could use the force of the law to drag it through courts but I'd be careful about doing it if he wants to rent again. What reputable landlord would take a tenant on if his references said he'd done that and been in the wrong to do so?

Just give him your friend's details as your last landlord....

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Doh! I would if I had a friend.

Seriously don't they ask you for proof of address, utility bill or something, and do they check for evidence you'd lived at the address claimed, electoral roll or suchlike?

Proof of address, but the landlord would live elsewhere, wouldn't he.

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there are also rental reference agencies where these things get logged - most agencies use them. So yep if you are happy to lie and go through through isolated private LLs - by all means. People of low moral character can get away with a lot in life. Thats one of the probs with society today, people are out for what they can get. Are you part of the problem or part of the solution? Why will LLs ever treat tenants with respect if they know there are people like this out there...

Edited by Orbital

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there are also rental reference agencies where these things get logged - most agencies use them. So yep if you are happy to lie and go through through isolated private LLs - by all means. People of low moral character can get away with a lot in life. Thats one of the probs with society today, people are out for what they can get. Are you part of the problem or part of the solution? Why will LLs ever treat tenants with respect if they know there are people like this out there...

The problem h ere appears to be the landlord evicting him without adequate notice. Low moral character has nothing to do with it.

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Proof of address, but the landlord would live elsewhere, wouldn't he.

Ah I see. I thought you meant to pretend a friend was my landlord and that I lived with him as a lodger or at some other address, a friends or family members address.

You mean I should give my correct current rented address but claim my friend was the landlord. Wouldn't work round here in a small community where most rentals are done through a small number of agents. I think they'd know which agent rented the house to me. It's also trivial to look up the owners name at the land registry (cost three pounds), I do this anyway to check who the owner is. I suspect that would be done by the prospective landlord/agent too, they would want some proof the friend was really the landlord. The friend would have to lie about the details, rent, duration of stay etc. Would an experienced agent/landlord realise the friend doesn't have a clue...

But if the prospective landlord was lax in reference checking it'd work. Maybe I'm not a good enough liar ;) I wouldn't be happy having gone from being a good tenant with genuine references to a tenant with a court possession order against me and the potential to be caught lying who my landlord was for the sake of knowing a little bit about how the S21 works.. I'd use the false references as a last resort not a first one. I'd first argue by knowing what makes a S21 invalid. YMMV.

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there are also rental reference agencies where these things get logged - most agencies use them. So yep if you are happy to lie and go through through isolated private LLs - by all means. People of low moral character can get away with a lot in life. Thats one of the probs with society today, people are out for what they can get. Are you part of the problem or part of the solution? Why will LLs ever treat tenants with respect if they know there are people like this out there...

on the flip side also the problem is noone trusts anyone now days, credit checks for things where you not actually getting credit etc. ID cards, list goes on.

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