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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

to think my landlord is breaking the law?

190 replies

kubex · 03/09/2017 11:18

Basically, I live in a shared house. All the rooms are let individually. I have a 6 month tenancy.

I am in arrears with my rent. I owe £150 for the deposit, £40 from last month and this month's rent is 1 week overdue. I know this is my fault, I let things get on top of me.

My landlord contacted me via text last night at 6.45pm to say that if the full amount wasn't paid by today, I would have to vacate the property by 5pm. I replied saying that I would be able to pay the full amount on Thursday morning but he has said that is not good enough and he will be here to pick up my keys at 5pm today.

I know I have gotten myself in to this mess but can he actually evict me like this? With less than 24 hours notice via text?

I have offered to make part payment today and have tried to call him several times but he is not answering the phone.

I'm really worried as I have nowhere else to go!

Any advice would be appreciated

OP posts:
dragonwarrior · 03/09/2017 11:19

If you haven't even paid a deposit yet, it would appear to me that you haven't even legally entered a contract....

YellowLawn · 03/09/2017 11:20

look up your contract. there is a big difference if it's an ast or a lodging situation.
maybe check with shelter what they say.

RonSwansonsMoustache · 03/09/2017 11:21

If you've not paid a deposit, do you even have a legal contract?

GriefLeavesItsMark · 03/09/2017 11:22

You have a tenancy, Landlord will still need a court order, but I can understand his frustration.

Google 'shelter" for guidance.

Original poster
kubex · 03/09/2017 11:22

My contract says it's a 'Fixed Term Short Hold Tenancy Agreement'.

OP posts:
AldiAisleOfCrap · 03/09/2017 11:22

No she is not a lodger it's a hmo. Do not leave the property op as landlord may change locks. He cannot make you leave without a court order.

GriefLeavesItsMark · 03/09/2017 11:23

I am assuming it isn't a resident landlord.

Original poster
kubex · 03/09/2017 11:23

I completely understand his frustration. I only have myself to blame for this situation and if I had anywhere else to go, I would just go.

OP posts:
Original poster
kubex · 03/09/2017 11:24

No, the landlord does not live here.

OP posts:
Bluntness100 · 03/09/2017 11:24

Look at your contract, if you have one, but it would seem that you were the first to default and continued to do so, so yes he can do this. You can't just live there rent free not even paying your deposit. I think you need to start making plans as he's gong to evict you tonight, and not pleasantly, as he won't want you as a tennant going forward.

Original poster
kubex · 03/09/2017 11:26

I know I can't just live here rent free, that was never my intention. I just need a few more days to clear the arrears.

I understand why he wanto me to leave but can I really be evicted with so little notice via text??

OP posts:
YellowLawn · 03/09/2017 11:26

no the landlord still has to give proper notice.
if he proceeds as threatens it's an illegal eviction.
contact shelter for advice.

LespritDescalier · 03/09/2017 11:26

but it would seem that you were the first to default and continued to do so, so yes he can do this

This is completely wrong, please ignore.

No landlord can ever evict you from a property on 24 hours notice, it is illegal.

pinkdonkey · 03/09/2017 11:30

He needs a court order to get you out, infact if you go to the council for housing/homelessness without having waited for balifs to kick you out they will say you have voluntarily made yourself homeless even if your landlord has asked you to leave and you will go to the bottom of their list for help/accommodation. A neighbour of mine was told she must squat in the propetry until court eviction before qualifying for any council help.

araiwa · 03/09/2017 11:30

What a rubbish landlord

Not even being able to pay the deposit is a clear sign that the tenant is gonna be a rubbish payer of rent as is the case here.

Legally you cant be kicked out with no notice by text but something makes me think this ll doesnt know or care about that

Bluntness100 · 03/09/2017 11:30

Sorry, maybe I miswrote. Legally can he do it, it depends on what's in the contract in relation to non payment of deposit and rent and what she agrees to do.

As to whether he will or not, I suspect he will. She is either never going to have to go out again, as the moment she does he will probably go in, take all her belongings out and change the locks or make alternate plans.

I think she's in a tough position and should make alternate plans.

TidyDancer · 03/09/2017 11:30

When you say you owe £150 for the deposit, is this the whole deposit? It just seems a bit of an odd arrangement if you've been allowed to not fully pay since the start.

If you've got a contract though, I would think the same process applies and the LL would need a court order to evict.

Is there any hope you would be able to get financially straight?

RonSwansonsMoustache · 03/09/2017 11:31

He has to give notice, but he's not obliged to accept waiting even longer for you to clear your arrears. I would start looking for somewhere new to live ASAP. I think on a six month tenancy he only has to give you 30 days notice.

OurMiracle1106 · 03/09/2017 11:33

He can issue a section 8 to evict you should you be 8 or more weeks in arrears with your rent or having broken tenancy in another way. Other than that he needs to issue a section 21 which gives you 2 months notice to quit and then will need to go To court In either case for a possession order and then a balifd warrant should you not have vacated to legally evict you.

There is a formal process to follow.

DelphiniumBlue · 03/09/2017 11:33

He needs to give you proper notice, followed by an eviction order.
If he turns up today to try to get you out without an order, call the police for back up.

How long have you been there for? And how come you were let in without paying the full deposit? Was LL trying to be nice to you? and now not only have you not paid the rest of the deposit but you've defaulted on the rent? Presumably you will make a payment immediately to show you're not just promising him/her the moon again, sadly they won't take your word very seriously. It's no good just offering to make a part payment, you need to actually pay it. Can you borrow the balance due?

Original poster
kubex · 03/09/2017 11:33

I will be able to clear all arrears and be financially straight as of Thursday.

As I said, I can understand he wants me to leave but I need more time ton male arrangements.

OP posts:
PastysPrincess · 03/09/2017 11:33

I assume you live in England..if so this has lots of information.

in short there is a proper process to follow if you have a fixed short term hold tenancy agreement.
www.gov.uk/evicting-tenants/overview

TidyDancer · 03/09/2017 11:34

@Bluntness100 you wrote 'legally can he do it' which I took to mean you were saying he legally could do it? I'm pretty sure that's wrong. I don't think it matters whether that's written in the contract or not, it's whether it would be enforceable and I don't think it would be. You're right that the OP needs to make other arrangements asap but I'm fairly certain the LL would still need to follow the same eviction procedures as standard.

FallingOrbit · 03/09/2017 11:36

Lesprit is correct (meaning the poster he/she quoted is wrong)

It doesn't make a whole heap of difference what your tenancy agreement says, your LL cannot, repeat CANNOT evict you in that manner under those circumstances. You have made a PTP (Promise To Pay) and provided you stick to it there's nothing he can do.

He's allowed to be a bit irritated if he wants but he can't evict you. He'd need a court order and he wouldn't be granted one under those circumstances even if he applied for one.

Bluntness100 · 03/09/2017 11:40

OP needs to make other arrangements asap but I'm fairly certain the LL would still need to follow

The issue I think is it doesn't sound like he will. Lots of rules broken already, like why was she allowed to move in without paying the deposit, and if he just goes ahead and does it, which is likely, and not uncommon, what's she going to do about it? Because whatever she does will be after the event. She will be out.

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