Urgent: Threatened with eviction and legal fees

[RepIy]

Hi,

I am posting on behalf of a friend.

My friend lives with the father of her 2 year old child. They live in the same house but have separate rooms. The DC grandfather owns the house. The other rooms are let out but it is not a licensed HMO (it clearly should be).

This morning my friend received a letter threatening eviction and claims for over £30,000 in rent arrears and legal fees from a genuine solicitor. My friend says there was a rental agreement drawn up, but it was never signed.

The letter says if she does not move out she will be pursued for additional legal fees.

Is this legal? Because in my mind, the fact the house is not a registered HMO surely negates everything? Not to mention the rental agreement was never actually signed.

Thanks

To add: it’s a section 8

So has your friend been living there but not paying rent? How long for?

Why did your friend move in, not sign the agreement and not pay any rent?

I’m not sure that it not bring a registered HMO negates the need to pay rent.

@DancingBeanstalk @DrDetriment The whole situation is a bit complex. Unplanned pregnancy. The father of the DC asked her to move it but they’ve never really been a couple.

She has been paying rent to her DCs father, it has been under market value but still substantial (about £700pm). He does not contribute financially to his DC.

There was an initial tenancy agreement drawn up but it was never signed. DCs grandfather and owner of the house has been furious ever since the pregnancy since he does not believe in sex before marriage and never wanted my friend to move in.

Also, the grandfather does not pay any tax on his rental income as he takes cash only and launders it through his other businesses. He has multiple properties that he does this with (he’s known to the local council and has been fined numerous times).

It is a mess really.

She needs to contact somewhere like shelter or cab and get herself some proper advice. I've spoken with a solicitor who deals with housing issues through cab. They gave me the name of the organisation and they were very helpful and there was no charge.

So, in effect she is "sub-letting" from the child's father.

In which case I would not have thought she was liable but she could be served with notice to leave.

Dd lived in an HMO and her housemate never signed the tenancy agreement when she took over from another housemate. So the agents were unable to pursue the housemate for a problem that occurred as legally the original tenant was still liable.

She needs to speak to Citizens Advice Bureau or a solicitor asap. Also needs to get the dad to either pay child support so she can move out, or sort out his mad granddad.

I suggest that she write back saying that:

1. She does not have, and never has had, any contract or agreement with the owner of the house.


2. The room she is occupying is one of two rooms that are let to owner’s grandson, Mr X, who is the father of her child, baby Y. Baby Y also lives there and is the great-grandchild of the property owner.


3. Since (date) she has been subletting a room from Mr X for the sum of £(123) per month.


4. The rent has always been, and will continue to be, paid direct to Mr X.


5. No rent is outstanding as regards the sublet. If the owner feels rent is outstanding then that is a matter between him and his grandson Mr X.


6. This letter is without prejudice and ALL RIGHTS ARE RESERVED (it is so important she writes this).

This is not legal advice. I don’t know how it will play out re the eviction notice, she needs legal advice.