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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

Tenancy ends in a week, asked to hand back keys

30 replies

Doughnutsandducks · 09/04/2020 16:04

My friends tenancy agreement comes to an end in a week. Her landlord has asked her to hand back the keys, she has had no income due to coronavirus and has no savings left after these past few months. I'm a bit stumped with advice, so if anyone has any, please pass it on and I can pass it along.

I thought you couldn't be evicted at the moment?
YABU- You can be evicted now
YANBU- You can't be evicted at the moment

OP posts:
YenniferOfVengeberg · 09/04/2020 16:05

I've turned off voting but it's not an eviction, it's the end of her tenancy

louise5754 · 09/04/2020 16:06

I don't think is as clear cut as BU or NBU

lubeybooby · 09/04/2020 16:07

so the landlord didn't give notice? i think 2 month is required. try a call to shelter

Original poster
Doughnutsandducks · 09/04/2020 16:07

The initial plan was to extend the tenancy on a month by month basis suggested by the landlord but she has no income at the moment so would be in arrears until this is all over. Then would take her a while to pay back

OP posts:
Juanmorebeer · 09/04/2020 16:09

More detail needed. Did either side give notice to end the tenancy agreement

Butterer · 09/04/2020 16:10

This reply has been deleted

Message withdrawn at poster's request.

Comefromaway · 09/04/2020 16:11

If she has no income what is she living off.

You say she has no income due to Coronavirus. That's pretty vague. Has she lost her job, if so has she applied for Universal credit/a bridging loan?

Flower1309 · 09/04/2020 16:11

If it's the end of the tenancy then surely she knew this was coming. Has she not been looking at somewhere else to move too the last few months. Asked the council to help? Family ? Friends? I'm not having a go but we've only been in lockdown 3 weeks. I honestly don't know if she can stay or not she needs to speak to the council for housing advice.

Butterer · 09/04/2020 16:12

This reply has been deleted

Message withdrawn at poster's request.

ghostyslovesheets · 09/04/2020 16:12

if she has no income she needs to claim UC to cover her rent - she can't expect to live rent free!

CodenameVillanelle · 09/04/2020 16:12

Did the landlord serve notice?
She should negotiate to stay for a couple of months longer if possible. Can she claim universal credit?

DianaT1969 · 09/04/2020 16:13

Doesn't universal credit cover all or most of her rent?

PotteringAlong · 09/04/2020 16:13

Has she given notice or has the landlord?

Lunafortheloveogod · 09/04/2020 16:15

Universal credit claim?
Savings?

How is she buying food/keeping the lights on? Being vague won’t help

NoMorePoliticsPlease · 09/04/2020 16:16

This is not actually an eviction. The landlord would have to serve her notice ( which is tempoarily not allowed) and the whole process takes a minimum of 4 months. If she hands back the keys she has relinquished the property and the council may argue that she has made herself voluntarily homeless and they are under no obligation to house her. She should take advice and speak to Shelter, Voluntary agencies and the council. I would advise her to do nothing at the moment but to tell the landlord she cannot for the moment pay the rent .A lot depends on the landlord but she does have tenancy rights even though her tenancy is technically finishing, with no action a tenancy progesses into a Periodic Tenancy with the same rights as when she had the fixed term tenancy. She may well not want the aggro of standing up to her landlord, but she is within her rights to do so. If eventually her serves her with a section 8 for non payment of rent ( 2 months at least) it will still buy her some time until the court date. If she allows it to get to the actual court she will be given a eviction date and probably a demand for rent payment. She will also get a County Court Judgement aginst her which you really dont want. She should not let it get that far. When we have had tenants who have dug in tight ( as they are entitled to do) we have made a compromise agreement that they move out at a date and we have written off all owing rent.
In summary do not give back the keys, do not be bullied into leaving without somewhere to go

ItsAllTheDramaMickIJustLoveIt · 09/04/2020 16:17

This person needs proper advice Shelter is good for this stuff or the CAB. Is your friend claiming everything they are entitled to? If unsure try to check on entitledto website.

FrippEnos · 09/04/2020 16:19

Try in legal

But from memory
The landlord still has to give two months notice for the tenancy to end otherwise it automatically rolls over to monthly.

If the landlord hasn't given notice then it would be an illegal eviction.

safariboot · 09/04/2020 16:21

Do not leave unless you have a new home to go to or you are is evicted by bailiffs acting on a court order. If you leave before then, nearly all councils will deem you "intentionally homeless" and refuse to give support. It's a shit situation for everyone involved, including the landlord, but that's how it is.

Start looking for a new property, both privately rented and through the council or housing association. Of course that's easier said than done now. In the mean time, stay put. Keep paying rent if possible and keep the house in good order. Report any harassment or attempted illegal eviction by the landlord to the council or the police.

MyOwnSummer · 09/04/2020 16:22

If the landlord issued a valid Section 21 notice two months ago before S21s were banned, she may be subject to eviction - I don't know if they have suspended S21s that were issued prior to the ban on evictions. He would still have to go to court to force her out though, so he best option is to sit tight and wait for the process to take its course.

Once he has applied for and been granted a court order to enforce the eviction, she will be able to go to the council for emergency housing. I doubt that the courts would even hear his case right now though, which is good news for her.

PragmaticWench · 09/04/2020 16:22

How can they have no income? There is UC if they have lost a job.

LakieLady · 09/04/2020 16:31

If the landlord issued a valid Section 21 notice two months ago before S21s were banned, she may be subject to eviction - I don't know if they have suspended S21s that were issued prior to the ban on evictions

My understanding is that S21's are still valid, but that the courts have been told not to issue any possession orders for 3 months. Even once a possession order has been issued, she shouldn't leave until she has been give a date that the bailiffs will come and evict. That can take ages.

Your friend needs to claim UC so she has some income and can pay the rent. She can get an advance, which will help towards this month's rent.

She should also try and get an appointment to see a homelessness/housing advice worker at the council, although this will be probably be for advice over the phone.

Appiandterri · 09/04/2020 16:32

england.shelter.org.uk/housing_advice/coronavirus

Jonb6 · 09/04/2020 16:41

@NoMorePoliticsPlease and @MyOwnSummer notices have not been banned. The landlord can still issue s21 or s8 notices and provided they meet the usual legal requirements will be valid however S21 notices since the 2020 act must be for 3 months if issued after 28 March and before October. The courts have a stay on possession proceedings since 28th March for 3 months. This means they will not accept any applications for possession orders or warrants. So effectively there is nothing the landlord can do.

clareOclareO · 09/04/2020 17:20

She doesn't have to leave when the tenancy runs out.

If she stays, the landlord would have to take her to court to get a judge to order her to leave. This would take a few weeks. The judge would give her a deadline of a couple of weeks to leave. If she still remains, the landlord would have to go back to court again to get another judgement to allow bailiffs to evict her.

So she could easily be looking at 3 months before she's (literally) thrown out.

museumum · 09/04/2020 17:24

She needs to stay until formally evicted, she cannot be evicted right now as evictions are suspended.
However, she also has a duty to do her best to pay her rent so has she applied for UC? My understanding is that anyone not eligible for the better options can still apply for UC and i know from freelancer networks that appointments are happening and applications are being processed despite how busy they are.