Help! Eviction with no notice!

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    Help! Eviction with no notice!

    Hello, I'm writing in here because I have absolutely no idea what to do or what my rights are.

    My boyfriend and I moved into a shared accommodation with a mutual friend (let's call him Phil). A 2 bedroom 2 bathroom flat. The idea was that it would be in my boyfriend and Phils name. Phil took charge found a place from an agency and told us to pay our half of the deposit £1000.i was a bit hesitant since he took sole charge of signing the lease and viewing the flat but he reassured us my boyfriends name was there and he didn't require a signature (dumb on our part, i know). since we were desperate we let him. It didn't seem dodgy since I went to the house inspection and the agency knew we were moving in together and he referred to us as tenants etc. We moved in and we were surprised at just how bossy he suddenly became. We put up with it and managed for a few months. He told us his uncle was the guarantor. Around 7 months after we moved in Phil gets arrested. We find out he is an illegal immigrant and that his uncle was really the one whose name is on the lease, not my boyfriends just the uncles name. We prepared to move and to count our losses but the uncle pleaded with us to stay and to at least finish the tenancy (Feb 2018) which would end in 5 months, which would then mean we would be allowed our deposit back. We foolishly stayed and we found someone else to take Phils room (let's call him Sean). Unfortunately it's now 2 months till the end of the tenancy and over Christmas we found Sean has quit university and has decided to go back to his parents. Tired of this back and forth we asked the uncle what we should do, he told us he required us to pay the entire rent of the flat and that he practically didn't care. Of course we refused but we agreed via text (since I was away for Christmas and New Years) that we would pay for however many days we stayed but we would then leave as soon as we found a place which he agreed to. We knew we were losing our deposit but we became so tired of the mess.

    I just got back to my flat to find out I have been locked out. I contacted the police and when they came the uncle showed them his tenancy agreement with his name on it. The police informed us there was nothing they could do. It's now Sunday I'm homeless my things are in my flat. I'm shocked, tired and I feel so stupid, lost and afraid, what are my Rights? Who do I go to?

    Please help, thanks.

    #2
    That seems to be illegal eviction, a criminal offence. 'Phone Shelter 0808 800 4444 after 9, the experts in this area and on your rights & how to get your home back.

    Today
    I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

    Comment


      #3
      if they have no documentation to prove they were tenants what happens?

      Comment


        #4
        Originally posted by tatemono View Post
        if they have no documentation to prove they were tenants what happens?
        There's no need for any lease to be in writing (unless it's more than 3 years) and there is obviously some agreement in place, because Denny94 was living there and paying rent.

        Shelter is first point of call.
        Do you have a local branch of Acorn (which is a tenant's union) - they're usually on Facebook.
        When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
        Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

        Comment


          #5
          Knowingly letting to an illegal immigrant is also a criminal offence!

          On the other hand, the normal situation with shared houses is that the original tenants are responsible for all the rent, even if one of them leaves, so the uncle may have been legally in the right in demanding the whole rent. That doesn't mean he can change the locks.

          I hope things weren't done cash in hand without receipts, so that there is a paper trail to prove the tenancy.

          You should have details of the scheme under which the deposit is protected. If not, you can sue the uncle for up to three times the deposit (on top of the normal return of the deposit).

          Does the local council operate additional licensing of HMOs, because the situation you describe is an HMO?

          Comment


            #6
            Thank you so much for all your replies.
            i have contacted the shelter number but unfortunately they didn’t have any space in the ones they were offering. So still homeless for now. They have assured us however that we can pursue legal actions but so far every number they have given us is either disconnected or not open till Monday. So still stuck. Never paid anything with cash so everything is documented. Bills/council tax/tv licence is all in our names so surely that should prove something! I’m still in shock that the police and other authorities have told us there is nothing we can do without a lawyer or solicitor. Trying not to cry but it’s so hard. I’m 22 and just out of uni so everything is a bit new to me.

            Comment


              #7
              Whereabouts in the country are you?
              When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
              Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

              Comment


                #8
                Also he hasn’t changed the locks he has gone inside the flat and locked us out. He said if we step foot into the flat he will contact the police. He has given us 3 hours to come and collect all of our things. I mean surely there is someone that can stop this. I mean how do I even go about pressing charges?

                Comment


                  #9
                  Originally posted by jpkeates View Post
                  Whereabouts in the country are you?
                  I’m in London. Greenwich.

                  Comment


                    #10
                    Greenwich has additional licensing, so, unless the property appears on one of the lists at http://www.royalgreenwich.gov.uk/dow...ple_occupation you can add failing to license as a criminal offence.

                    Obviously, if there is any chance that you stay in the place when the dust settles, it may be better not to force the issue on all the offences, especially as you haven't raised safety, which is usually the main concert with HMOs.

                    Comment


                      #11
                      Where are you staying tonight?

                      Comment


                        #12
                        Originally posted by Denny94 View Post
                        Thank you so much for all your replies.....
                        My suggestion to call Shelter 0808 800 4444 was for you to get advice about how to get your home back, not to find somewhere else to stay. Suggest you call again!

                        I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

                        Comment


                          #13
                          Hello Denny94

                          You should go to royalgreenwich Housing Aid Centre address on right hand side of below link.

                          http://www.royalgreenwich.gov.uk/inf...ing_aid_centre

                          Unfortunately there only open Monday to Friday, 9am to 5pm at the Woolwich Centre.

                          Do this 1st thing Monday morning, good luck...
                          Thunderbirds are go

                          Comment


                            #14
                            He has a duty of care over any of your possessions. Whist he can, eventually sell them or, if or no value, dispose of them, he must give you adequate warning and opportunity to collect them and must pay, to you, any money he obtains, less the reasonable costs of storage and disposal. Three hours is not adequate warning. Two weeks would be more like a minimum.

                            It sounds almost as though he doesn't even realise he is a landlord, and has no idea of the responsibilities of one. (Protecting the possessions is a duty that falls not just on landlords.)

                            I also suspect that superior landlord believes they have let to him on an AST, whereas, if he doesn't live there, as his main home, that is not possible. They probably have no idea he is sub-letting, and probably would not approve.

                            Comment


                              #15
                              Originally posted by dunner30 View Post
                              Where are you staying tonight?
                              Booked a hotel for tonight and Monday night so I’m all good till then.

                              Comment

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