Suspicious way of eviction

[pugilist]

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 Landlord.

My friend pays his rent on a weekly basis and has 2 weeks deposit (the Landlord didn't protect deposits of any of the tenants).

A guy representing the Landlord comes every week and collects the rent money from the tenants.

 

Lately the Landlord 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 Landlord's decision?

What notice should the Landlord have sent instead of those funny SMSs?

[bedlington83]

Does the landlord live in the property?

How much is the rent?

[MrShed]

And how long has he lived there?

[pugilist]

Does the landlord live in the property?

How much is the rent?

No, the Landlord doesn't live at the property.

 

The rent is £120 for a room per week.

[pugilist]

And how long has he lived there?

Around 2 years.

[MrShed]

The notice needs to be 2 months, as a Section 21 notice, in writing.

 

Needless to say, the notice is NOT valid.

[MrShed]

The notice needs to be 2 months, as a Section 21 notice, in writing.

 

Needless to say, the notice is NOT valid.

[bedlington83]

No, the Landlord doesn't live at the property.

 

The rent is £120 for a room per week.

Thanks. How many other people? I'm trying to work out what the total annual rent is because it might change things if it's more than £25,000

[pugilist]

Thanks. How many other people? I'm trying to work out what the total annual rent is because it might change things if it's more than £25,000

Thank you!(glad to see you here as well:))

I got your point.

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.

[MrShed]

Did you all move in at the same time, or differing times?

[pugilist]

Did you all move in at the same time, or differing times?

They(not me, I do not live there at all) moved in at different times. People who live there are unrelated tenants.

[MrShed]

Seperate TAs then so no concerns over rental levels.

 

My point above still stands

[pugilist]

Thank you.

[bedlington83]

I agree with MrShed. The only thing I can add is that, if your friend paid a deposit and it isn't protected in one of the three schemes, then even if the landlord did issue a correct section 21 notice it wouldn't be valid

[pugilist]

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 (my friend is listed in it) ending on 31 of march...

That's really funny, coz my friend says that he never ever signed any agreement with the LL:D

[Steve__M]

Even if he has an agreement "ending on 31 of march" that doesn't help the landlord. The date is the end of the fixed term, not the end of the tenancy. Tenants do not have to leave at the end of the fixed term unless served with a valid Section 21 notice. A valid Section 21 notice cannot be served because the deposit is not protected.

[bedlington83]

In other words pugilist, the LL cannot legally evict while the rent is paid and the deposit (if indeed there is one) is unprotected

[pugilist]

Bedlington83, Steve M, MrShed,

 

Thank you very much guys!

 

Now it's all clear to me.

[blitz]

If your paying weekly rent does your friend have a rent payment book too? Going to make some assumptions that the LL will not like you refusing to move, as such I would let the Council know of his intentions. If a rent book has not been provided then demand one, if he refuses again report this to the council, he can be liable for a £2500 fine.

 

He might change his mind on kicking his tenants out if all of them make similar complaints with regards to TDS and no rent book + illegal eviction. (£720 fine per TDS infraction, £2500 for non compliance in rent books for weekly rent, he could be looking at about £5000 worth of fines)

 

I would suggest finding another property asap however, as I wouldn't trust the LL at this property.

Edited February 19, 2010 by blitz