Landlord father losses it

[bilo]

Hi, i'm new to this site, just stumbled upon it while doing research. I have a problem i'm seeking advice for.

I moved into my dad's then empty flat with my girlfriend in mid april. We agreed to pay the sum of £200 a fortnight. We didn't get a tenancy agreement because my dad said it would be easier.

Now after many of stupid arguments he wants us out by noon tomorrow. I know with a assured shorthold tenancy agreement (which it would be) he'd have to give two weeks written notice and maybe follow this with applying for posession to the court where I would be able to delay, if I had found nowhere to stay, for a further two weeks (average).

Seen as i don't have a written agreement, do I have a leg to stand on? If not, anyone know where I can find an assured shorthold tenancy agreement?

Thanks for your time and effort

[Aequitas]

The fact that you do not have a written tenancy agreement does not affect your rights. You need to be given two months', not two weeks', notice and the notice must be in the proper form. As you say, once the notice has expired it will be necessary for your father to apply to the court to get possession.

[MrShed]

2 months written notice, plus court time - written contract or not.

[demon_x_slash]

In essence, the very fact that you were living there and he was accepting money for it on a regular basis creates a tenancy, paperwork or no - so, as above, he would have to serve a valid notice of possession on you (this has to be worded correctly by law, so if he does give you one post it up here and it'll be checked); this gives you two months. After that he would have to apply to the court to evict you, and this can take a while.

Two lessons to learn here, though: 1) Get everything in writing in future because it makes it a lot easier for you, and 2) Try not to mix family/friends with money. In my experience, it never goes smoothly and can end with the breakup of the relationship.

Good luck, let us know

[bilo]

Thank you all for your help. I'll be sure to inform him of this when he comes round. I know that he'll be aware of such rules and regulations but if he does choose to ignore said ones and tries forced removal, this would mean it would be a breach of the law? I'm sure it won't come to that. As I will be leaving by the end of August anyway, I'm sure I'll be seeing my tenancy through thanks to this info.

I will keep you informed of the progess. Once again thanks for the help.

P.S What scales?

[bilo]

I see the scales! All of them filled in!

[demon_x_slash]

Lol you didn't have to, but thank you - I forget about my signature 'cos it only pops up after a certain number of words in the post...

He cannot forcibly remove you from the property - that would be assault, never mind illegal eviction (note illegal, not unlawful - illegal means you can call the police for it, and it's not a civil matter no matter what they may say). It may be an idea to ring your local Housing Officer at the Council (they deal with private renting as well as Council houses) and inform them of your situation. They may be able to offer help with your father and the issue of notice proceedings. Shelter is also a good resource - jusy google it and find your local number, their helpline is open all day AFAICR and they can provide more round-the-clock reassurance. Always double check what anyone says with people here, though; Shelter, while usually excellent, is largely run by volunteers