Urgent help needed, Permitted Occupier

[SerendipitousEmma]

Firstly, sorry to post in this topic but I need urgent help.

I started a relationship with someone in May this year. I had to leave the house I was living in, he was separated but still living at home so we rented a house together. I was not able to be on the tenancy due to credit/referencing issues, but I am a permitted occupier on the contract. The tenancy is in his name, but everything in the house is mine.

On Friday night he told me he was pulling the plug. He had given notice on the house and I had to go. He has gone back home and the house is being marketed. We have been here less than 4 weeks! Everything in the house is mine. I have nowhere to go. It would take ages to move all my furniture etc out even if I did have somewhere to go.

There have been multiple red flags over the months, more so since we moved in but that is another thread.

I know I was stupid to move in with him so quickly but I had to leave my previous address, so please don't judge me on that. I never ever saw this coming. I feel utterly shell shocked and at a loss.The landlord appears to be siding with him for some reason and won't even consider me taking on the tenancy.

It may also be pertinent to say that I do have bills here that are in my name and I am on the electoral role, if that makes any difference whatsover.

Any advice would be greatly appreciated

Even if you were a joint tenant of the property, only one tenant needs to give notice even if the other objects.

As a permitted occupier you don’t have any rights in this situation unfortunately.

Right - the main issue here is you gaining access to get your stuff. Where are you staying if you've given your keys back? Persist in trying to speak to Shelter or go and see the CAB. Maybe even a housing officer at the council.

£4000 per month?!

Ah, okay.

Then this is not my area of specialism; but my understanding (checked with a colleague just now!) is that the permitted occupier agreement basically means your landlord gave your ex a license to have you as a lodger; so you have lodger rights. It's possible that's not the case for you, but it depends on your contract.

To end that agreement, your landlord (your ex) needs to provide you with notice - if an amount of notice isn't specified for you in your contract, it has to be "reasonable" notice. This is usually interpreted as at least a week, but if you pay rent monthly, you could argue that you need a month's notice. They don't need to take you to court to evict you; they can just change the locks, although they need to provide access to your things, taking reasonable care of them and providing you with an opportunity to collect them. They cannot be violent or intimidating whilst doing this... And your notice to leave can be in writing or verbal.

If your landlord did decide to take you to court; he'd be going for a Possession Order - and providing that they've provided reasonable notice or adhered to the contract, the court must then evict you.

I would still get specialist advice - ideally from someone who can read the contract you have - but I hope that helps a bit with timescales that you might have, on the face of it.

@chesirecat99

Here:

www.property118.com/tenants-daughter-comes-age-ast/

"If, as an example, the tenant had gotten into arrears and agreed to leave the property on a certain date (obviously fully documented with a surrender of tenancy), left but in effect gave the occupier permission to stay on, firstly you have not received vacant possession of the property and the tenant is still liable for rent and secondly the eviction process is very quick and covered under the criminal justice and public order act. You would have to make an emergency application to the courts for an interim possession order. If from 24 hours once the order is served the tenant has not left the property the police have the right to access the property and remove the occupier (if it reached this point i would advise taking a locksmith with you as the police aren’t renowned for being gentle when it comes to gaining access). A final hearing would follow 7 days from that date and then a final possession order if the tenant cannot present a valid defence."

Ok this is contrary to what I understood from my LA. I hadn’t researched it online tbh. They told me I had to evict through the normal channels… but this is stating something different.

I did question the 6 month break clause in the contract and that surely ex was liable. He said only if he agreed to end the tenancy or was able to let it again.

If both parties (landlord and tenant) agree to end the contract early, your ex wouldn't be liable for any rent unless the agreement was that he is liable for rent until the property is let. If all parties agree, they can do whatever they want.

If they don't agree and the tenant moves out, the tenant is only liable for the landlord's losses as a result of the breach of contact ie marketing costs, the rent until the property is relet.

However, if you don't move out, the tenant hasn't returned the property with vacant possession so he would be liable for rent until you leave.

That doesn't really help you with regards to your rights really. Sorry.

I think your best bet is speaking to a homelessness advisor at the council. You could try to pay the next month's rent and see if the landlord accepts. He might not realise the legal implications of accepting rent from a permitted occupier.

4k a month and you can afford it on your own?
With that kind of income, you must be able to find a (much cheaper) rental where you can offer to pay 6 months up front in lieu of references?

@WeAreTheHeroes

Right - the main issue here is you gaining access to get your stuff. Where are you staying if you've given your keys back? Persist in trying to speak to Shelter or go and see the CAB. Maybe even a housing officer at the council.

He had repeatedly taken my keys off me so I had a spare set cut.

Shit, he was married all the time and has just decided to go home and leave you in the crap!!!!! Not a nice man.

I suppose your LA are correct that it is the "normal channels", ie the the courts, @Mummyoflittledragon, it's just a different process.

@SoftplayTaintedLove

Shit, he was married all the time and has just decided to go home and leave you in the crap!!!!! Not a nice man.

Really unpleasant it seems

@Ratched

4k a month and you can afford it on your own? With that kind of income, you must be able to find a (much cheaper) rental where you can offer to pay 6 months up front in lieu of references?

Agree with this, make a fresh start and use some of the 4k to pay rent upfront. Sounds like the novelty of having an ow wore off once reality bit.

try not to panic, its a really shit situation but there are a lot of places you can try and seek aid, the citizens advice can help, shelter, your local council and obviously you can seek legal advice. Just keep phoning people until you can speak to someone, who can help. what an absolute dick though i don't know how some 'men' can sleep at night!

Wow £4K a month?! Have you tried contacting the council?

Speak to your local council housing officer they can be very helpful in these situations and could communicate with the landlord on your behalf.

How did you pay rent? Was it to your ex or the landlord? That makes quite a difference as if the landlord has accepted money from you directly you can be classed a a tenant in law.

Either way you can only be evicted with a Court order, and the landlord probably knows this which is why he's being nasty. Gather proof of rent payments and bills as that is helpful evidence.

Protection From Eviction Act 1977:

"Part I
Unlawful Eviction and Harassment

1 Unlawful eviction and harassment of occupier.

(1)In this section “residential occupier”, in relation to any premises, means a person occupying the premises as a residence, whether under a contract or by virtue of any enactment or rule of law giving him the right to remain in occupation or restricting the right of any other person to recover possession of the premises.

(2)If any person unlawfully deprives the residential occupier of any premises of his occupation of the premises or any part thereof, or attempts to do so, he shall be guilty of an offence unless he proves that he believed, and had reasonable cause to believe, that the residential occupier had ceased to reside in the premises"

If the landlord tried to evict you without an order the local authority can prosecute them for illegal eviction and you can apply to the court for an injunction to you let you back in and for financial compensation, but only if you have behaved in a 'proper' manner.

So in your situation I would consider writing to the landlord and explain you intend to stay in the property until the 6 month break clause in order to find a suitable alternative accommodation, and that you will pay the rent until then. If the landlord does not accept this offer then they look unreasonable should it end up in Court. But do speak to Shelter and the LA as they could be helpful allies as well as giving good advice.

@chesirecat99

Permitted occupiers don't have any legal rights , unlike tenants. Conversely, if you don't move out, your ex will be liable for the rent whether he lives there or not.

You need to get some legal advice, if 6 months rent has been paid upfront, as you think, that might change the legal position. I believe that if you pay rent to the landlord, then that forms a contract even if there isn't a written contract. Of course, he might not accept any rent from you.

As well as trying to get through to Shelter, google to look for any free housing legal advice clinics near you.

It's also worth contacting the council housing department and telling them that you are being made homeless. They may have a private housing officer who can help negotiate with the landlord. They also may have schemes to help people with getting homes in the private sector if they are being made homeless. They can sometimes act as a guarantor to prevent the person being evicted rather than paying for b and b emergency accommodation.

I googled permitted occupiers and rights. This is one piece of information I found. It's well worth having a look at, @SerendipitousEmma but I'd still follow up with Shelter if I were you. Do you have any other source of free legal advice? Via Union membership perhaps?

"Once the partner moves in however, they become what’s known as a ‘permitted occupier’.

This becomes an issue if the tenant moves out, as the permitted occupier can lawfully stay because the tenant has allowed them into the property.

Because there’s no contract between the landlord and the permitted occupier, the landlord would have to chase the tenant for the rent and follow separate legal procedures to evict the permitted occupier."

www.simplybusiness.co.uk/knowledge/articles/2020/12/permitted-occupier-guide-for-landlords/

@Ohsugarhoneyicetea We have only been here 4 weeks so I have not had the chance to pay any rent! Rent would have been due yesterday. He paid the first payment however before moving in.

If rent was due yesterday, I suggest you make payment to the landlord today, if you can afford it. However, be aware, if he accepts the rent, it works both ways when it comes to forming a contract. It will give you legal rights as a tenant but it will also create legal obligations for you to pay the rent/give notice etc. Don't do it if you won't be able to continue paying the rent.

OP if you could, at a push, afford to cover 4k in rent then you can surely afford to get all your stuff into store and arrange some stop gap accommodation for yourself whilst you get sorted out. Yes its horrible that you've been led up the garden path in this way but it cant be helped now.

I suspect the landlord isnt keen to rent to you as you are half of a couple that have severely messed him around (if you look at it from his point of view).

@PfizerMinnelli but the tenant isnt allowing her to stay, he's asked her to leave.

OP you really do need proper legal advice here if you want to resist moving out.

I think you should keep trying Shelter, and have a Plan B

You say you could afford the rent (4K) at a push. So I'm sure you'd be able to afford a cheaper place and a storage unit while you get yourself in a better financial situation reference wise. Even if it's an AirBandB.

That is a very bad article, @PfizerMinnelli. A permitted occupier doesn't become a tenant if the original tenant moves out, at least, not if they don't pay rent . If a tenant moves in their partner without the landlord's permission, they don't become a permitted occupier. A permitted occupier is someone who is not a tenant but has permission to live in a property.

Unfortunately, although it is true that the landlord will have to take OP to court to evict her, it is a lot easier and quicker than evicting a tenant

Not that it wasn't kind and helpful of you to search for OP

Just to double check you’ve said that you can’t get a property due to credit/reference checks. Surely if you can pay £4000 a month in rent you could pass credit checks on a cheaper property and don’t mention your previous LL as a reference? Put your employee down if you need one?

Wow... if you can "at a push" afford 4k a month of rent on your own then you must certainly be able to rent a small flat and pay 6 months rent up front... this will keep a rood over your head while you dobs something more suitable.

With that amount of income you can also afford storage for your furniture and stay at a hotel like a travelodge or Premier Inn for a couple of weeks too...

If you afford 4k a month rent, why not look for something cheaper and pay for 6/12 months upfront? 4k!?!?