HMO Eviction help

[ashmk]

Hi all,

 

My stepson lives in a HMO with an AST, his contract is up in just over a month. The landlord tonight has told everyone they must leave in 1 month as he has sold the house.

 

He has told them that 2 months notice does not apply as it's written in the contract he only has to give 1 month.

 

LL does not live in the building.

 

Does the LL still have to issue a section 21 for a HMO?

 

The deposit is not protected, the LL said he did not need to protect it. In the contract is says it should. (I know it should be protected).

 

What exactly are the rights of someone renting just a room in this situation?

[*RainbowTears*]

What is it with these LL that think they are above the law & can treat people in this way!!

 

It makes me sick.....

 

I've a similar(ish) situation involving a young man, who has found himself in an awful predicament with a LL who also does what he wants!

 

As I've only a few mins to spare atm, I didn't want to rant & run.

 

So with regards to your step son, I found the following which should be useful (as it was for me too). Click on the PDF link.

 

https://www.gov.uk/government/publications/licensing-of-houses-in-multiple-occupation-in-england-a-guide-for-tenants

 

Good luck!!

[45002]

Hi all,

 

My stepson lives in a HMO with an AST, his contract is up in just over a month. The landlord tonight has told everyone they must leave in 1 month as he has sold the house.

 

He has told them that 2 months notice does not apply as it's written in the contract he only has to give 1 month.

 

LL does not live in the building.

 

Does the LL still have to issue a section 21 for a HMO?

 

The deposit is not protected, the LL said he did not need to protect it. In the contract is says it should. (I know it should be protected).

 

What exactly are the rights of someone renting just a room in this situation?

 

Only way LL can End a AST is with a s21, Court order and bailiffs removing the tenants.

 

Sounds like the LL hasn't a clue or wants to carry out a illegal evictions hope not.

 

Have a read of this http://england.shelter.org.uk/get_advice/eviction/eviction_of_private_tenants/eviction_of_assured_shorthold_tenants

 

All the tenants need to contact CAB/Shelter/local law center asap...

 

Enter your full post code in one of the below links to find what's nearest to you

 

http://www.citizensadvice.org.uk/

 

http://england.shelter.org.uk/get_ad...ices_directory

 

take All the paper work with you.

[citizenB]

Have sent S.O.S. to Lea_HTH as requested.

[Lea_HTH]

45002's advice is accurate: the tenants need to take their paperwork to someone who can look over it.

 

Whilst the OP states the LL doesn't live in the property, it all changes if the LL states that he does and has a room there - so what is written in the contract itself might have a bearing.

 

If the LL definitely doesn't live in the property, the HMO probably should be registered (check with the local authority), and if it isn't, then there may be a claim arising out of that for return of the rent. If the LL doesn't live there, then a s21 will have to be served - unless the AST is some other form of contract, where the LL specified it was not to be an AST.

 

Too many 'IFs' for anyone to give an accurate answer without looking at the paperwork - which is why 45002's advice was spot on.

[honeybee13]

Thank you for responding to the SOS, Leah. Great advice as ever.

 

HB

[SabreSheep]

45002's advice is accurate: the tenants need to take their paperwork to someone who can look over it.

 

Whilst the OP states the LL doesn't live in the property, it all changes if the LL states that he does and has a room there - so what is written in the contract itself might have a bearing.

 

If the LL definitely doesn't live in the property, the HMO probably should be registered (check with the local authority), and if it isn't, then there may be a claim arising out of that for return of the rent. If the LL doesn't live there, then a s21 will have to be served - unless the AST is some other form of contract, where the LL specified it was not to be an AST.

 

Too many 'IFs' for anyone to give an accurate answer without looking at the paperwork - which is why 45002's advice was spot on.

 

2 more scenarios to consider.

 

1) Has LL sold the house or has it been reposessed?

2) Not all HMP)s have to be registered. EG mine doesnt as the building "houses less than 4 seperate dwellings" As advised above you would have to check with your L.A as each has different definitions.

[raydetinu]

S21 not valid, if deposit not protected.

Tenancy still valid with new owner ( unless repossessed ).

problem for seller if he has sold it with vacant possession, as it will not be!

You need to find out what the sale situation is?