Eastenders question

[JeffW]

Out of curiousity, can Mrs Patel legally turf Billy and Honey Mitchell out of their flat, or does she need to go to court?

For those who don't watch Eastenders, Billy used to rent the flat from Phil Mitchell, with whom he had a tenancy agreement. Mrs Patel bought the flat from Phil Mitchell, and didn't sign an agreement with Billy. She therefore argues that the agreement is null and void, as it was with the previous owner of the flat.

I'm no lawyer, but I would have thought Billy and Honey would have some legal protection against being turfed out, as squatters if nothing else.

Jeff

[GlasweJen]

I was wondering this myself though hasn't Billy got into arrears of late after losing his job for taking an afternoon off to go fill in housing benefit forms?

[JeffW]

He has, although if he can prove he has made at least a single payment to Mrs Patel, would that not prove that she had accepted him as a tenant (even if there was no written agreement), meaning that only a court could evict Billy?

You would have thought that, as a Mitchell, if there was one thing Billy would know about, it'd be the law, although criminal law is probably more his forte!

Jeff

Originally Posted by Jenschnifer

I was wondering this myself though hasn't Billy got into arrears of late after losing his job for taking an afternoon off to go fill in housing benefit forms?

[MrShed]

Haha love this question! Yes she would have to go to court though

[FUBARUK]

Course she wouldn't go to court, she wouldn't be that silly....afterall this is the MITCHELLS we're talking about....I wouldn't you'd probably end up at a pig farm in Norfolk.....

[Aequitas]

Originally Posted by JeffW

She therefore argues that the agreement is null and void, as it was with the previous owner of the flat.

The argument is entirely misconceived. A tenancy is a legal estate in land and is therefore good against the world. Mrs Patel bought the flat subject to the tenancy and is bound by its terms even if she did not know it existed - she merely steps into the shoes of Phil Mitchell and has exactly the same rights and oblgations as he had. The status quo is preserved. Of course if the tenancy is an assured shorthold tenancy she can serve a S.21 notice or take any other appropriate step if there is a breach of the tenancy terms.

So next time the question comes up when you are watching Eastenders with family or friends simply say: "She can't do that! A tenancy is a legal estate in land and is therefore good against the world."

[onlynameleft]

Originally Posted by Aequitas

The argument is entirely misconceived. A tenancy is a legal estate in land and is therefore good against the world. Mrs Patel bought the flat subject to the tenancy and is bound by its terms even if she did not know it existed - she merely steps into the shoes of Phil Mitchell and has exactly the same rights and oblgations as he had. The status quo is preserved. Of course if the tenancy is an assured shorthold tenancy she can serve a S.21 notice or take any other appropriate step if there is a breach of the tenancy terms.

So next time the question comes up when you are watching Eastenders with family or friends simply say: "She can't do that! A tenancy is a legal estate in land and is therefore good against the world."

I was saying exactly the same thing last night; very sloppy scriptwriting.

Billy and Honey should go straight to the Police as Mrs Patel's harassment amounts to criminal conduct.

Cam on Phil; sort it aaahhhhttt.

[sequenci]

Interesting as The Scriptwriters usually come to my day job employers for advice in matters like this.

[demon_x_slash]

The buyer would have taken the property with 'sit-in tenants', and the tenancy agreement and all its provisions would hold.

Not the first time the BBC muffs it up; just look at Cars, Cops & Bailiffs (not advisable if you have a weak constitution)...

[Aequitas]

I should like to point out that it is just a character that holds misconceived ideas - perhaps another character will put her straight.

[onlynameleft]

Originally Posted by Aequitas

I should like to point out that it is just a character that holds misconceived ideas - perhaps another character will put her straight.

Are you saying it's not real?

[Ed999]

Landlords frequently try to evict tenants unlawfully, and tenants frequently don't know their legal rights.

Television scriptwriters are not lawyers, and anything which occurs in the fiction of a tv show must not be taken seriously as representing the state of English law!

In point of fact, a tenancy for a fixed term not exceeding 21 years takes effect as an over-riding interest, and binds the property in question even though it is not registered (nor registerable) at H M Land Registry.

A purchaser takes his title to the land subject to all over-riding interests, whether or not he knows about them.

It is for him to make suitable enquiries of any occupier; and he is bound by the provisions of any existing tenancy of that nature.


Advice & opinions on this forum are offered informally, without any assumption of liability. Use your own judgment. Seek advice of a qualified and insured professional if you have any doubts.

[Joa]

It is only a silly, misery-laden soap but I shiver when I think that some people may actually take some storylines on a face value. Honey and Billy's eviction was so totally over-done and a fact that the landlady was of Asian origin was a dangerously stupid detail.
Funnily enough, there is a very serious discussion forum for social security specialist; 19 posts on Janet's Disability Living Allowance and the mess the writers made of it!
OK, so do Eastenders have any public responsibility to at least get this kind of information right or does the artistic license take priority?

Personally, I was frothing and spitting like an outraged camel

[Nightmare4banks]

Hi all!

A few points:

1.The eviction in this case was not only unlawful but illegal!

2.The tenancy was legally binding on Mrs.Patel when she purchased the flat from Phil Mitchell.

3.Mrs.Patel could possibly use the Ground 8 for rent arrears to evict but then only with a court order which would normally take her well into the New Year.

OR

4.Evict using Section 21 governing shortholds providing that the tenancy has come to the tend of the fixed term or to to be issue exactly 2 months prior to expiry.No eviction would be possible if Billy and Honey remained in occupation after the 2 months expire.Mrs.Patel would need an "Accelerated Possession Order" and she would get it provided she served all the correct paperwork.

5.Also,Mrs.Patel's nephews used violence to break into the flat and assaulted Billy.

6.However,to migitate - Billy was lunging at Mrs.Patel and it
looked like he wanted to attack her.

ALSO...

7.Billy and Honey would qualify for damages 1000% under the Housing Act 1988 for the unlawful/illegal eviction regardless if they had rent arrears or not.

8.If this case reached a criminal court,Mrs.Patel and her nephews would get fined.

Personally,I think it is a very bad bit of TV watching BECAUSE...

It makes tenants who have no knowledge of their rights think that in reality they have no rights.

Also,it makes landlords /landladies who also lack knowledge regarding their rights and responsibilities think that they can behave in such an appalling manner.

Anyway,thats my 2p's worth!

[JeffW]

The BBC often do seek expert advice to make their plots as realistic as possible. The risk is therefore that tenants and landlords will assume that they have also done their homework with this plot.

Jeff

Originally Posted by Ed999

Landlords frequently try to evict tenants unlawfully, and tenants frequently don't know their legal rights.

Television scriptwriters are not lawyers, and anything which occurs in the fiction of a tv show must not be taken seriously as representing the state of English law!

In point of fact, a tenancy for a fixed term not exceeding 21 years takes effect as an over-riding interest, and binds the property in question even though it is not registered (nor registerable) at H M Land Registry.

A purchaser takes his title to the land subject to all over-riding interests, whether or not he knows about them.

It is for him to make suitable enquiries of any occupier; and he is bound by the provisions of any existing tenancy of that nature.


Advice & opinions on this forum are offered informally, without any assumption of liability. Use your own judgment. Seek advice of a qualified and insured professional if you have any doubts.