I've been kicked out by my family but there is/was a tenancy agreement?

[jch123]

i know an agreement was drawn up, but i don't have a copy myself and i can't remember what was in it and i can't remember even if i signed it - where do i stand? the locks have been changed but i was paying rent...

my landlord is my family - they own the house. no utility bills but i can prove i lived there i think with other bills - tax bills. not sure i can prove i paid rent.

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If you had a tenancy (did you pay rent, and can you prove it?) and you were evicted without an order for posession from the court, you may be able to claim compensation. See a housing solicitor.

Hi babyb - I thought there were still penaties for wrongful eviction. Have I deluded myself for so long?

C.

how much notice would they have to give me if this hadn't happened? and i've no idea what was in the agreement - i think its just if we die in a car crash you still get to live here...

Sounds like they mentioned you in their will, giving you a life interest only.

Without all the details, the ins and out, it is almost impossible to advise you. Go and see someone from Shelter (or a solicitor with a housing service) and they can help you.

When did this happen? If v recently you may be able to be re-instated back in the property with an injunction, and if you see someone tomorrow there is a chance that could happen on Friday, if the court can hear the case without notice (i.e. before notifying the landlords). There is also the possibility of compensation.

Did you share the property with your landlord or anyone else? Who is in the property now?

Why did they lock you out?

Why can you not prove payment of rent?

Are you sure you had a tenancy agreement, or just that they promised you could live there, even if they died?

Those Q will probably be asked by whoever advises you.

Good luck

why was i locked out - "we don't get on"

the only proof of payment may be my scribblings in my chequebook...

the agreement came about because there was some change in the law a few years ago... i'm not quite sure what it was - it was just that if they died in a car crash (sorta thing) - i'd get to live there

shared the property with my parents (who own it)

It is unlikely that you'd have a tenancy. More likely it will have been a licence to occupy ( in effect a contract) that gives you very little protection. Others may be aware of some protection you may have had, but I'm not aware of any.

yes perhaps somebody with more legal knowledge - it definitely came about a few years back (in the noughties) because there was about to be some law change...

Apply for office copy entries from the Land Registry (will only be £2-£4) if you want to check whether you have an interest in the actual property.

how long does that take?

also out of interest, if legally they wanted to get me out - how much notice if any would they have had to given me?

You can order them online. A couple of days.

OP - as someone mentioned upthread things are different if you live with your landlord (leaving aside the fact that they are related to you).

If landlord owns a property and lives in it and you live there with their agreement and make some kind of payment, I think you are technically a lodger. A tenant has sole posession of the property (you don't because your landlord lives there as well). I think that means you are entitled to 'reasonable' notice to leave.

Reasonable is not a very well defined term. depending on the circumstances it could mean a month or it could mean 24 hours. I don't think changing the locks with no warning is reasonable in anyones eyes though.

Was the agreement professionally drawn up? Could the solicitor give you a copy?

By all means try and speak to someone from shelter, but following your last thread I think you actually need to see your local council's housing options service TODAY as you are homeless.

I doubt very much that you can be reinstated in the property as you 'shared' the property with your parents, who own it.I am afraid to say they probably can kick you out at a whim, even if you paid something towards your living costs, as it is unlikely anyone would find they intended to give you something more than a licence to occupy parts which they can end on short notice.

You are however homeless and seemingly not intentionally homeless so the council have duties towards you, but what accommodation they offer will depend on whether you are a priority.

Awful situation, good luck.