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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

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Original poster

To refuse to be evicted this sunday?

21 replies

BibiBlocksbergv2 · 28/02/2015 00:23

Have googled the living daylights out of this but could really do with some common sense views pls, head gone spaghetti junction.

I have been renting a room in a house for the last year.

The guy i share with is the main tenant and lets out a room to help pay his rent (Landlady gave permission for this)

Now the main tenant has told the landlady that he cannot afford to pay the rent for this coming month and that he will be moving out on 9th March.

That was on Wednesday this week, on Thursday morning LL came to the house (she lives next door) knocking on all of the doors & windows shouting for me to come out.

When I answered the door she told me that i have to pay her £100 per week in rent from now on, directly to herself as main tenant can't afford to pay her & if i don't I have to be out of the house by this sunday.

Thing is, my rent term runs from 14th of each month to 14th of the next so i am still paid up until then, I'm not going to pay twice for the same accomodation.

She is not interested in any of that and just wants her money.

I know I have no protection as a lodger/sub tenant and that the only recommendation in this situation is to give the likes of me 'reasonable notice'
in this case the landlady has decided that thursday to sunday of this week is 'reasonable' in her eyes.

I have nowhere to go yet, obviously hoping to sort something asap but does anyone know what would happen if i simply refused to be kicked out like this?

If she calls the police will they arrest me for not going?

Can she (or more likely her boyfriend) physically throw me out?

Apologies for what prob seem like crazy questions, not planning on hanging around forever but i have two cats to consider as well so could really do with a little longer notice than three days.

OP posts:

catsofa · 28/02/2015 00:29

Call Shelter, they should be able to advise england.shelter.org.uk/get_advice/how_we_can_help/housing_advice_helpline

LaurieFairyCake · 28/02/2015 00:29

No it's not reasonable notice and as she doesn't live there you are a tenant and not a lodger.

Don't move out, she will have to evict you. Do you have proof you've paid as that will be easier.

Charlesroi · 28/02/2015 00:33

You need to call Shelter urgently (number will depend on where you live).
In the short term lock the windows and doors and don't answer the door to her. She's got her rent up to 9th March?

fluffymouse · 28/02/2015 00:36

Can you get the money back from the lead tenant and pay the landlord directly? That would be the best outcome for everyone.

Otherwise talk to shelter. I'm pretty sure she can't throw you out with such short notice.

PiranhaBrothers · 28/02/2015 00:39

If you are a sub-tenant then I'm not sure you have much legal protection.

Do you have a formal tenancy agreement?

Info on subletting from Shelter:

england.shelter.org.uk/get_advice/sharing_and_subletting/subtenants

SolidGoldBrass · 28/02/2015 00:40

If she or her boyfriend try to throw you out physically they will be breaking the law. You have paid your rent and the other tenant's problems are not your responsibility. She can give you notice to leave but it has to be more than three days. And you can then refuse to leave and she would have to get a court order.

Original poster

BibiBlocksbergv2 · 28/02/2015 01:13

Thanks all, will give shelter a call in the morning.

No written agreement of any kind (silly, i know, hindsight)

I'm paid up until 14th yes, all a bit weird there too as i pay rent to main tenant & then he pays the whole amount to landlady at the end of each month when its due.

Have asked if he can give me my money back to give to her direct but he says he literally doesn't have a penny, hence not paying her himself & moving out.

What a mess, thanks again for advice

OP posts:

fluffymouse · 28/02/2015 01:15

What has he done with all your money then bibi? I would be pretty angry at him.

I hope you manage to work something out.

Original poster

BibiBlocksbergv2 · 28/02/2015 01:28

No idea what he's done with the money fluffymouse, terror is overtaking anger right now but i'm sure that will come later.

This type of arrangement is great while it works but when it doesn't it seems there is no legal protection for anyone who is not a proper tenant.

I suppose its not the landlady's concern which one of us pays who & when, she just wants her rent which is understandable of course.

Makes no sense why she's so determined to get rid of me though, not like the house will be empty as the main tenant is still here.

OP posts:

anothereve · 28/02/2015 01:44

I think LL has to get Bailiffs which takes a few days. You had her permission to be there and her agreement is with the original tenant. I'm guessing it's not the first time she's rented out and should know enough to ask for first and last at the start. Hope cats are OK.

Spermysextowel · 28/02/2015 01:48

Maybe because she has proper legal redress against the main tenant but your position is shadowy. I'd recommend getting out asap but I apreciate that your options are restricted. Do you live in London?

Original poster

BibiBlocksbergv2 · 28/02/2015 02:08

No spermysextowel, nowhere near london.

Shadowy, that's a good way to describe my position :)

Another life lesson learned i guess.

OP posts:

LaLaLaaaa · 28/02/2015 03:31

I would suggest moving this to Legal - I've seen posts like this before and people there have given brilliant advice. Seem to be a lot of law buffs on MN

Hope you get sorted, good luck

Spermysextowel · 28/02/2015 04:27

Prob the LL has to go thru some legal steps to evict her main tenant. This can take some time but from the sound of it it's something she's been working on. Advice from CAB or local housing centres is your best chance I think. But have an emergency plan if poss.

MidniteScribbler · 28/02/2015 04:58

Have you tried talking to her and asking her if you can rent the property, officially? If you could cover the full rent (at least long enough to find a new tenant) she might be willing to let you stay as a tenant. Much easier and cheaper than going through the eviction process.

Spermysextowel · 28/02/2015 06:28

Time to move to Legal as suggested I think. You've already paid as a sub-tenant & the landlord won't be keen to kiss goodbye to anything owed by your landlord. I wouldn't get locked into a contract to pay a rent that you couldn't afford (which is why you are where you are) or which effectively to turns you into the 'landlord'.
If I can offer practical help - which is why I asked if you were London-based - pls let me know. I can offer you emergency cat homing if you run out of options. I think you'd have to PM me?

jendot2 · 28/02/2015 09:54

I would be very worried that she will take matters into her own hands and change the locks once I had gone out....leaving me homeless and without my belongings.

mousmous · 28/02/2015 09:57

have really got nothing in writtten?

copy of the room advert, emails of sorts, bank statement?

oldgrandmama · 28/02/2015 10:26

OP, that's an awful position to be in. Some good advice up-thread. If you do move out at short notice, is there anyone who could temporarily look after your cats? Maybe ask Cats Protection, or any local animal charities? They might have a 'foster mother' to care for the cats for a sort time while you sort things out.

I hope you get it sorted.

miniavenger · 28/02/2015 10:45

Report the post and ask it to be moved to legal OP, contact Shelter as well.
If you don't have anything written at all between the LL and your other LL then I'd be more concerned that she could deny she gave permission. Don you have emails or texts or a contract at all?

england.shelter.org.uk/get_advice/sharing_and_subletting/subtenants

miniavenger · 28/02/2015 10:46

Did you pay main tenant cash or bank transfer/cheque?

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