Suspicious way of eviction

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  • Suspicious way of eviction

    The situation is as follows:

    My friend has been renting a room in a house with several other unrelated tenants.
    Noone has a written agreement with the LL.
    My friend pays his rent on a weekly basis and has 2 weeks deposit (the LL didn't protect deposits of any of the tenants).
    A guy representing the LL comes every week and collects the rent money from the tenants.

    Lately the LL decided to evict everybody and sent an SMS to everyone saying they must move out in 2 week's time.

    My friend doubts that he'll be able to find a proper place during such a short period of time.
    So, how he can object to the LL's decision?
    What notice should the LL have sent instead of those funny SMSs?

  • #2
    Originally posted by pugilist View Post
    The situation is as follows:

    My friend has been renting a room in a house with several other unrelated tenants.
    Noone has a written agreement with the LL.
    My friend pays his rent on a weekly basis and has 2 weeks deposit (the LL didn't protect deposits of any of the tenants).
    A guy representing the LL comes every week and collects the rent money from the tenants.

    Lately the LL decided to evict everybody and sent an SMS to everyone saying they must move out in 2 week's time.

    My friend doubts that he'll be able to find a proper place during such a short period of time.
    So, how he can object to the LL's decision?
    What notice should the LL have sent instead of those funny SMSs?
    It sounds as though your friend and his co-tenants/occupiers have an orally granted Assured Shorthold Tenancy. i f that is the case, the LL must first protect their deposits, then serve a section 21 notice with at least two full months' notice, to expire no sooner than the end of the first six months of their occupation. When is that?

    However the situation may be complicated if the guy who collects rent from them is not in fact the LL but the tenant, which would make your friend a subtenant.

    Either way, unless they are lodgers (ie LL lives in same house), they cannot be summarily evicted like this - it is illegal.
    'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

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    • #3
      Originally posted by mind the gap View Post
      It sounds as though your friend and his co-tenants/occupiers have an orally granted Assured Shorthold Tenancy.
      They never agreed about how long any of the tenants is going to live in the property.

      i f that is the case, the LL must first protect their deposits, then serve a section 21 notice with at least two full months' notice, to expire no sooner than the end of the first six months of their occupation. When is that?
      So, untill their deposit is protected he can't send any notice?
      If it is not AST, what notice he must send and what is the period of this notice(I mean is it 2 months' or less)?

      However the situation may be complicated if the guy who collects rent from them is not in fact the LL but the tenant, which would make your friend a subtenant.
      The guy who collects the money doesn't live at the property.
      Is he still a tenant?
      The tenants pay the council tax and utility bills.

      Either way, unless they are lodgers (ie LL lives in same house), they cannot be summarily evicted like this - it is illegal.
      The LL definetely doesn't live in the same house.

      As far as I understand the LL's SMS can't be classified as a valid notice which gives him the right to evict the tenants?

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      • #4
        Originally posted by mind the gap View Post
        It sounds as though your friend and his co-tenants/occupiers have an orally granted Assured Shorthold Tenancy.
        Would it be one agreement for all residents or one agreement per resident? If the former the rent may well be more than £25,000 p.a.

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        • #5
          Originally posted by bedlington83 View Post
          Would it be one agreement for all residents or one agreement per resident? If the former the rent may well be more than £25,000 p.a.
          That's a good question.
          My friend told me that the LL says he has the AST in written form and my friend's name is listed in the agreement.
          I don't know yet what kind of agreement is that, but my friend definetely didn't sign any agreement and has never seen it.
          I'll keep you updated as soon as I get more information.

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          • #6
            Originally posted by pugilist View Post
            That's a good question.
            My friend told me that the LL says he has the AST in written form and my friend's name is listed in the agreement.
            I don't know yet what kind of agreement is that, but my friend definetely didn't sign any agreement and has never seen it.
            I'll keep you updated as soon as I get more information.
            But an AST, or any other letting, can be entirely oral (although this is never a good idea).
            JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
            1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
            2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
            3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
            4. *- Contact info: click on my name (blue-highlight link).

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            • #7
              Originally posted by jeffrey View Post
              But an AST, or any other letting, can be entirely oral (although this is never a good idea).
              Yes, I know. But does it mean that the LL can evict the tenants without sending them S 21 Notice?
              Am I right saying that a LL who hasn't protected the tenants deposit can not send S 21, because if he send it , the notice will be invalid because of unprotected deposit?

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              • #8
                1. L can 'evict' T only by using s.8 or s.21.
                2. L cannot use s.21 unless protectable deposit is protected (and prescribed information given to T).
                3. Er, that's it.
                JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
                1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
                2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
                3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
                4. *- Contact info: click on my name (blue-highlight link).

                Comment


                • #9
                  Originally posted by jeffrey View Post
                  1. L can 'evict' T only by using s.8 or s.21.
                  2. L cannot use s.21 unless protectable deposit is protected (and prescribed information given to T).
                  3. Er, that's it.
                  Thank you.
                  As for me, I see no grounds on which the LL can evict the T by using s.8.
                  And he can not evict the T using s.21.
                  What is the way then to evict them legally if they always pay their rent on time?
                  Oh, as my friend just told me, the LL says that he has the written agreement ending on 31 of march... That's really funny, coz my friend says that he never ever signed any agreement with the LL

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