Eviction: No paperwork??

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    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)

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