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Original poster

Sex, lies and Eviction

17 replies

privethedge · 06/12/2007 13:01

Um, let's just say I am having a relationship with my landlord and he has separated from his wife and lives elsewhere. Now, said wife of landlord is miffed at me having a relationship with her husband and has written to tell me she wants me to move out by 2nd January 2008. Can she do this, given that my partner is my landlord jointly with her and they have not agreed their financial settlement yet?

Does she have to have grounds for eviction, like non payment of rent? I have always paid my rent. My partner is happily to carry on renting to me (obviously) but his wife is adamant that I must move out. What is the deal here?

OP posts:
sensiblehead · 06/12/2007 13:06

Go to CAB and tell them everything they wil be able to tell you and may even help.

The only hting I am sure of is this, if you have a tenancy agreement then she has to stick to its terms, ie notice periods etc so make sure that she is fullfilling these things.

My gut feeling is that, as joint landlord she may be able to do this...but I am not sure.

kittylouise · 06/12/2007 13:07

Bloody hell. Legally, your landlord/landlady has to give you 2 calendar months notice, so you will not have to move out til early Feb at the least. They can give notice without any reason and you legally have no comeback or right to stay there.

God only knows about the settlement thing, your landlord/lover will have to look into that one.

And I know it's not funny, but that thread title has to win a prize

kittylouise · 06/12/2007 13:09

I know about the notice thing because I have had notice served when on an assured shorthold tenancy, the landlord wanted to move back into the house. There is absolutely nothing you can do about it.

Original poster
privethedge · 06/12/2007 13:14

Thanks. Have just tried CAB but still waiting for them to pick up!

kittylouise, I had a horrible feeling this may be the case. I am glad to hear that it is 2 months notice as opposed to the 4 weeks she has given me. My partner has suggested that he will move in and sub let most of the house to me, i.e. we live here together but I'm not sure about that one...

Abroad, one is far better protected from the whims of landlords. She is being very foolish as my place is hard to let, it's the wrong time of year, and my rent pays her mortgage. Nose, face, cut off to spite?!!!

OP posts:
prufrock · 06/12/2007 13:47

So hang on - you rent a house from a couple, have started a relationship with the husband, who has now left his wife to be with you, and you think she is being unreasonable to no longer want you to live in her property?

From a legalstandpoint it's not necessarily 2 months - it's whatever notice period you have agreed in your tenancy agreement. You do have a tenancy agreement don't you?

Original poster
privethedge · 06/12/2007 13:52

My landlords are separated, they have begun divorce proceedings. My partner (one of my landlords) lives on his own and in the time since his separation, I have started to see him on a regular basis. 'She' asked him to leave and she has petitioned for divorce.

if she didn't mean it then perhaps she should have thought on that for a second. As it is, her marriage is over and I am becoming the scapegoat here. There is no reason to evict me and my children just because of a bruised ego imo.

OP posts:
prufrock · 06/12/2007 14:01

And do you have a tenancy agreement? And who is it signed by? Him or her?

Freckle · 06/12/2007 14:02

What was the initial term of your tenancy? If it has not yet expired, she can only give you 2 months' notice 2 months before the end of the term, IYSWIM. Other than that, she can give you 2 months' notice whenever.

However, not sure what would happen if your landlord simply gave you another tenancy at the end of your notice period .

Original poster
privethedge · 06/12/2007 14:05

He signed the agreement and it was for a 6 month term renewed in November. I just don't get how it will all work out when he says I can rent, she says I can't. Gawd!

OP posts:
kittylouise · 06/12/2007 14:12

I think an assured shorthold tenancy is guaranteed for 6 months (so if you signed within the last 6 months you will be OK up to that end of that period) then it is based on a kind of ongoing renewal, then tenant has to give 1 months notice, and the landlord 2 months.

It is a bit of a farce the letting laws in this country, you are right, abroad it is a lot more secure to rent. 2 months is still not a very long time in which to find another property and move on.

Practically speaking, when I have had this situation in the past, I have still been on good terms with the landlord and have been open and honest in that I said I would try and find somewhere else in the 2 months, but couldn't guarantee if I would be able to. I was given notice to leave by 2nd week of September, in the end I didn't move out until the end of October. You will not get baillifs coming knocking on the tenancy end date.

However, in your case it is a lot more bitter and complicated. If I were you I would want to move. Remember that she is the landlady and she has a set of keys - I knopw that she can't legally access your house without your permission, but you never know...

I know it is a lot of upheaval but perhaps it would be better to move on.

Freckle · 06/12/2007 14:13

Sounds like he is your landlord, not her. Was the tenancy renewed for a further 6 months term? If so, she can't give you notice (if she's entitled to give notice anyway) until 4 months have passed since the renewal.

Best bet is to stay put. She'll then have to issue possession proceedings, which can take quite a while anyway. Then, at any hearing, you can turn up with your tenancy agreement - signed by him - and him at your side agreeing you can stay. What will she do??

Original poster
privethedge · 06/12/2007 14:16

He wants to rent with me - until he can buy a new place. I am quite about this, tbh. Staying here avoids that particular 'relationship' issue. But, yes, I totally want to move away from this house and their problems.

OP posts:
iampgatlast · 06/12/2007 20:50

what sort of tenancy agreement do you have?
how long was the agreement for
when is it due to expire?
when did the landlady give you notice and what did the letter say?

me and my dp rent out property and the rules are very strict for evicting tenants - infact the law as it stands now the tenants have more rights than what the actual property owner has.

WhenScoobyGotStuckUpTheChimney · 06/12/2007 20:55

So did you re new your tenancy in november? does your contract say the notice period?

iampgatlast · 06/12/2007 20:59

kittylouise - the only way a landlord can take back a property easy (in our experience its never easy) is if the tenancy agreement is at the end of agreed time, they give 2 months notice to the date exactly of when the tenancy agreement was signed and if they are claiming back the property to live in themselves.

also the 2 month eviction notice the landlord gives you on the same date you moved in has to contain certain criteria and wording also.

the best advice i can give you is to go to your local councils housing department and tell them the situation and let them fight your corner.

we had a tenant who rented a room in one of our properties (it was a 2nd floor 3 bed flat) when she moved in she knew she was pregnant and she signed a 6month agreement, we however did not find out until she was 6 months gone. even though she wanted to move out and it was all done amicably (she couldnt possibly rent a room with a baby and the stairs etc created big problems) it was still a nightmare to "evict" her. The council kept fighting her corner to get her to stay in the flat and made it ridiculously hard for us.

hope that makes sense

sensiblehead · 06/12/2007 21:00

Ok, so,

Your tenancy was renewed in November? do you mean you signed a new one?

It is a 6 month shorthold tenancy agreement.

He was the only signatory, is that right?

But they are listed as joint landlords.

Well, my understanding is, if the above is all correct then...

She is a landlord and so can give notice to you (I think)

The tenancy being new means that you cannot e asked to leave before April next year.

However, if the tenancy ended in November and is now rolling then the notice period in the agreement applies (usually 2 months but you need to check as it can be different).

Like I say I am not an expert I have just rented a lot so this is my best guess!

I hope you get it sorted out - perhaps he can see his solicitor about getting a stop put on everything until things are settled (so no-one can make decisions that affect their business)? I don't know if it is possible but worth a try?

sensiblehead · 06/12/2007 21:05

Oh yes iampgatlast I had forgotten about the wording, they are just standard parpagraphs. you can download them online I believe?

Again the CAB should be able to tell you if her letter is up to scratch.

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