Eviction: No paperwork??

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

    Eviction: No paperwork??

    This new thread is relevent to the thread below:
    http://www.landlordzone.co.uk/forums...ead.php?t=5710

    Bearing in mind the outcome of the above thread, I would like to know my rights as a lodger not a financial benefactor.

    As my brother who owns the house is the landlord (but has no paperwork, no records and has not declared any tax) and I am seen as a lodger, how does he go about evicting me?
    Does he only have to give me written notice or does he have to obtain a court order section 21?

    He wishes to sell the house before June 1st however I want to stay here as long as possible.

    #2
    Your other thread indicates a more complex scenario than usual.

    Nonetheless, information on lodgers rights are detailed on the site and previous posters have outlined that being a lodger affords not much in the way of rights than being a guest in someone's house. Posters on this forum have often instructed landlords who experience problems with lodgers who stay past their notice period to simply change the locks and to call the Police if they experience any harassment.

    http://www.landlordzone.co.uk/lodgers_rent-a-room.htm
    http://www.landlordzone.co.uk/lodger..._&_answers.htm


    Consider calling the free Shelter helpline.

    Comment


      #3
      Therefore as there is no paperwork involved even though I have been staying at the premises since 1990 as a lodger no tax has to be paid on the rent.
      For example in the last 10 years including my self there has been three lodgers staying at the house all paying rent in 'cash and cheques'.
      Therefore you are saying as long as there is no paperwork or rentbooks kept by the landlord it is ok not to declare any of the income for tax purposes and you can kick any of the lodgers out whenever you please without a court order???
      My landlord has been collecting £190 a week for the last 10 years surely some of this is taxable?? I should of mentioned in my previous post that I alone live in the house now and my brother (the landlord) lives in Herefordshire.

      Comment


        #4
        I was responding to the central query on your thread about the rights of a lodger "Does he only have to give me written notice or does he have to obtain a court order section 21?"

        I will leave it to others to respond to your queries on whether a landlord's failure to pay tax or issue a rent book will have any bearing on the eviction process for a lodger but I doubt this makes any difference. They can perhaps comment on whether your status is different if the landlord no longer uses it as his primary residence. Does your brother work away from home or own another property at the other location, for example?

        This is further info from the Shelter website on Excluded Occupiers (lodgers).

        "What happens after the notice ends?
        Once your landlord has given reasonable notice and it has ended you can be evicted. Your landlord has the right to change the locks while you are out or may remove your belongings and place them outside to persuade you to leave.

        Even though it is not necessary it is good practice for landlords to get a possession order from the court to evict excluded occupiers. The court has no choice but to make a possession order as long as reasonable notice has been given."

        http://england.shelter.org.uk/advice...ipLive-10019-4
        http://england.shelter.org.uk/advice/advice-4150.cfm
        http://england.shelter.org.uk/advice/advice-2938.cfm

        And a local council's advice site provides another overview

        http://www.kingston.gov.uk/browse/ho...bligations.htm
        Last edited by Beeber; 15-04-2007, 02:16 AM. Reason: To add additional URL and query

        Comment


          #5
          Thanks for the info,
          I have been informed he will need a court order because:

          1) The landlord does NOT live at the premises
          2) I have been alone in the house since November 2006 and have lived here since 1985.(i.e I am currently not sharing facilities).



          If you don't share facilities, the person renting a room is probably a subtenant rather than a lodger. This means that the landlord may need a court order to evict her/him".
          you share facilities such as a kitchen or bathroom with your landlord NO
          your landlord lives in the same building and you share facilities with a member of your landlord's family NO
          you do not pay any rent for your accommodation.
          YES I DO PAY (CURRENTLY £303 PER MONTH)

          Comment

          Latest Activity

          Collapse

          • Reply to MCOL & PCOL
            by OS7
            Just to close of this thread : telephone hearing took place and after a lengthy hearing - the defendants application to set aside CCJ was dismissed and a CCJ with an instalment order was ordered by the Judge. He said he saw no real prospect of the defendant defending the claim, however to resolve he...
            30-11-2021, 05:44 AM
          • MCOL & PCOL
            by OS7
            Hello Everyone,

            Via Section 21,i have recently been granted a possession order for my property to happen in middle Jan 2021. The tenants are claiming housing benefit and they owe rent arrears and monies just under £7000 - I have applied for MCOL and now currently waiting to request judgement...
            04-01-2021, 14:16 PM
          • Reply to Letting Agent asking for commission of I renew tenants privately
            by meyou5ick
            I actually signed the terms in the beginning of the contract, and I have not witnessed this before but these guys had another page where they mentioned this. Now my issue is that given how abysmal their service was and me paying from my own pocket, I should have disbanded the contract then. The issue...
            30-11-2021, 04:32 AM
          • Letting Agent asking for commission of I renew tenants privately
            by meyou5ick
            Dear all,

            I was letting my place to tenants that were sourced by this estate agent. The estate agent however misrepresented myself and misled the tenants about what's included in the monthly rental cost. The tenant had complained to the agent however, I had to pay for 6 months of services...
            29-11-2021, 16:04 PM
          • Reply to Am I a lodger or a tenant?
            by AndrewDod
            Even if you are an AST "tenant", you are tenant of Sarah, not a tenant of Sarah's landlord. If Sarah ceases to be a tenant that does not make you a tenant of Sarah's landlord (nor does any deposit you paid to Sarah have anything to do with Sarah's landlord).

            Sarah's right of...
            29-11-2021, 23:05 PM
          • Am I a lodger or a tenant?
            by Bert1e
            Hello, I have a question about my legal status in private rented accommodation.

            I live in a private rented house. The entire house is rented from the landlord by one individual (let's call her Sara). Sara has a bedroom in the house and a lot of stuff in the cupboards all around the house....
            28-11-2021, 12:13 PM
          • Reply to Letting Agent asking for commission of I renew tenants privately
            by Hudson01
            Did you use them on a tenant find service only ? If so then read the contract you signed and see what it says about what you are about to do, i use the tenant find service but then let the leases go into periodic, i pay the agent nothing and never have done, maybe if i signed another 12 AST a fee may...
            29-11-2021, 19:44 PM
          • Reply to Section 21 and Gas Certificate
            by jpkeates
            There's not normally an issue with the gas certificate timing other than the very first one.
            That said email is not how you give people documents like that, unless the tenant has agreed to be served them by email.
            29-11-2021, 18:16 PM
          • Section 21 and Gas Certificate
            by Mr. Sparkle
            About 3 weeks ago I had a gas certificate issued.

            I forgot to email the tenant a copy of the document.

            I plan to evict the tenant with either a Section 8 or 21 and want to know whether there is any issue regarding the delay to give the tenant the gas cert?

            There...
            29-11-2021, 14:15 PM
          • Reply to Section 21 and Gas Certificate
            by theartfullodger
            No idea if the GSC you have is OK or not (1st place, you don;t say) or what the timing is for when it should be served. So difficult to answer.

            But...


            s8 not an issue

            s21 see
            https://nearlylegal.co.uk/section-21-flowchart/

            - there's...
            29-11-2021, 17:50 PM
          Working...
          X