INSANE landlord - kicking us out in 5 days - Rights?

[goodnightspoons]

We're in the middle of building works and we're renting temporary accommodation nearby. The landlord has just told us TODAY that they need us out in 5 DAYS TIME, even though our agreement was to move out in two weeks time when our place is safe to inhabit (we have a toddler and our place literally has no floor at the moment, exposed wires, etc.).

We have no formal contract (I know, I know) - it was all done via verbal agreement and messages and we were very clear about our situation and time frame from the start. We only needed to rent for 4-6 weeks total and we've been paying on a weekly basis. We met the previous tenants, who had positive feedback about the landlord, however it's become apparent that the landlord is completely unhinged.

From briefly searching it seems that even without a formal contract we still have rights, I just don't know how we'd enforce them. The landlord is saying they're going to move back into the property* - so what could we actually do to prevent that? I know we can't change the locks, that's illegal, but what would we do if they show up ready to move back in and kick us out?

The building works have been so stressful I'm averaging 4hrs sleep a night for the past month, this is just going to break me. I feel physically sick. I know it's somewhat our fault for not having a contract (though I imagine even if we did this person is so unhinged they would probably ignore it).

Please be kind.

*Context: basically, the landlord decided to put their property on the market just as we moved into it (absolutely NO mention of that in advance). But when they came round and saw how 'messy' the place is (I MEAN WE'RE LITERALLY LIVING OUT OF BOXES - OF COURSE ITS GOING TO BE MESSY!), they decided that they can't market it whilst we're living in it. And for some reason they can't delay the process even by the one week we're asking for. They want us out asap even though they know full well we have no house to move back into. It's completely unreasonable and unhinged.

It sounds like you will need to contact Shelter first thing on Monday. But I would assume this is effectively a 'holiday let' and so you wouldn't be covered by tenancy regulations. Are you registered for Council Tax at the property? Utilities? Shelter will be able to advise.

Whilst far from ideal, could you find an AirBnB or similar for the extra weeks?

Hope you can get something sorted soon.

You're not in Scotland are you?

That is shit, but for the sake of a couple of weeks, just book an Airbnb or hotel. Don't add more stress by fighting with a dickhead who can make your life even more difficult.

Even though you don't have a tenancy agreement the fact that monies and keys have changed hands gives you a tenancy.

That said as another member said above, can you move elsewhere for the short period before your house is ready?

Just move to an airbnb for the next two weeks. Absorb the cost if it is much more. So much less stress than dealing with an insane irate landlord and a house reno at the same time.

This is one reason my house is so shabby. I HATE the hassle of building works.

Just find an air bnb, travelodge or similar. It’ll mentally be much easier

You have all the rights of a tenant with a contract. The fact that you are paying rent and have a verbal agreement means you are protected by law and the landlord will need to go through all the usual proceedings to get you evicted which will take a year plus. You could:

1. move out and get an air bnb or similar.
2. refuse to move out and tell him to serve you notice. It won’t be worth their while as the process will take far far longer than the two weeks you want.
3. The route I would take - say you’ll move out if they cover the costs of your rental for two weeks and for storage of your stuff in a suitable facility. You will then voluntarily surrender your tenancy and they’ll no doubt want something in writing to confirm this.

You are the ones in the driving seat here, especially as you don’t need an onwards reference from them.

Shelter will be able to advise you as will members on www.Landlordzone.
Some very knowledgeable people on there.
I suspect the Landlord is desperate to put the house up for sale ASAP and cannot wait is because of the changes to CGT which will take effect from the start of the new tax year in April '24.

Assuming you have a papertrail of rent payments (i.e. you've not just been paying cash weekly) then even in the absence of a contract you have tenant rights.

So assuming he calls the police (for example) to have you removed, they won't do anything provided you can show, 'look, I've been paying rent!'

In reality, this only buys you time. As you only need 2 weeks instead of the 5 days he's pushing for, I'd probably offer to leave early if he covers your costs, otherwise you'll be staying put til X date.

You'll be playing a short-lived game of chicken. He can't do anything legally to remove you sooner than that. Even lodgers, with next to no rights, have to be given 'reasonable' notice. On no planet is 5 days mid-move with a toddler reasonable, so no one will advise him to do anything other than wait it out.

The question is, if he's as batshit as you say, can your stress levels take it?

I’d be scared you come back from been out and find he’s moved in!

As others have said call his bluff and say you will move if he covers the extra costs

I would be leaving DP in the house and going on a field trip today. Round all the estate agents with toddler in tow. Lay out your dilemma and looking for a house for 2 weeks.

Hopefully you will stumble upon the agent selling the house and are so outraged by it that they come to an agreement that you/they somehow manufacture this situation through ill photographers or whatever that the marketing of house must be delayed.

Bit left field. But there’s nice people out there.

I'm a generalist and not a housing specialist and I would advise you to contact Shelter first thing tomorrow morning for specialist advice.

I think you are tenants and your landlord cannot evict you without a possession order, but they can't get a possession order without first going through the Section 21 eviction process. However, the lack of a written tenancy agreement makes it more complicated, hence needing specialist advice. If it did go to court, the arguments would depend on the evidence you do have of the verbal agreement that was made (eg messages).

Even if you weren't legally a tenant (but I think you are) your landlord would have to give you one week's notice as an absolute minimum, and would then have to get a possession order if you didn't leave by the end of the week.

I don't think you need to panic and scrabble around for alternative accommodation. If you are worried about the landlord doing something illegal you should contact your local council.

https://england.shelter.org.uk/housing_advice/eviction/how_to_deal_with_illegal_eviction

Your implied notice period is the frequency of the payment term ie a week in your situation as you are paying weekly.

you obviously already acknowledge that doing this without a written agreement was naive, just get an air bnb for the sake of two weeks.

Please ignore the well meaning but incorrect "advice" on this thread, OP.

What’s incorrect about what I posted above? Anything specific you want to point to?

You (and others) told OP to get an Airbnb for 2 weeks, which is unnecessary.

Tenants can't be forced to leave with one week's notice, the landlord has to follow the correct eviction procedure.

Agree you need to book an air bnb until house is done. I think there’s nothing you can do as it’s not a tenancy and likely an informal holiday let given the timeframe. X

Yes, because, pragmatically, OP is already highly stressed and going into battle with a complete arsehole might not be the best thing for her well-being right now when it's just for a couple of weeks.

Sounds like putting stuff back in the boxes and decamping to an Air BnB or hotel for a fortnight would be a whole lot less stressful than fighting with him.

What qualification do you have to decide it's not a tenancy and is a holiday let?!

It's not a holiday.

OP, I have assumed that you didn't pay a deposit and if you're paying rent weekly, you can move out at the end of a rental period and so the landlord won't have to refund any rent or deposit.

However, there is the not inconsiderable cost and inconvenience of finding somewhere else to live for a few weeks, and moving there. Of course it's an option but I don't see why you should roll over and suck it up.

There is no battle, just say no to the landlord and tell him it's an illegal eviction and it's not happening.

Do people with young children just up and leave when told to do so?! I wouldn't.

I would take any advice on this thread with a massive pinch of salt.

You probably have little right to remain in the house and the landlord can ask you to leave at any time.
This is because this is not an Assured Shorthand Tenancy as the property is not your principal abode.
Check out Housing act 1988 section 1,1 b.
Any other landlord may not be willing to let to you as it is for a short period of time.
Airbnb or approach a hotel for a weekly rate.
good luck

You do actually have a formal contract and unless he’s complied with all the rules then he’s in serious trouble.

The absence of a written contract either means it’s an AST or a regulated tenancy, I forget which.

Get a good lawyer fast.