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.

I called the council, they recorded the details, and they agreed with Shelter's advice.
They said to call the police if the landlord attempts entry.

You rented a property without a tenancy agreement in place…
I’m sorry but this is an own goal here……

Yes. We have been naive. Thanks for rubbing it in. That's exactly what I need to hear in this extremely stressful situation.
Honestly.

This ^

I would add, get the money up front from this CF if he agrees to pay for your Air BnB and/ or storage of your belongings.

Make sure you get a contract drawn up with exact amount of money, exact payment deadline, and exact timeliness for you to move out and surrender keys.

You could also offer to be completely flexible about showings of the property.

All of your dealings with this man should be in writing or email from now on. Present yourselves as reasonable and cooperative, but also aware of your rights.

I'd guess the landlord's lawyer will say,
"Wait, if you DO NOTHING they will be gone in a few weeks AT NO ADDITIONAL COST TO YOU, it will take more time and money to take legal action you know!"

Yes! I offered this option too (paying for an airbnb & storage). I am yet to hear back…
Everything is on whatsapp msgs, which ive exported for reference.

Ah, mumsnet does amuse me sometimes. So many posters insisting they are right - even when OP has spoken to shelter and the council!

It's in the councils interest to insist she is a tenant so they don't have to worry about preventing homelessness duties.
Shelter might be right, but equally they might be wrong.

None of us know the extent of the discussions between the landlord and the op.

Landlord and tenant law isn't always as black and white as non legal people think and there is plenty of case law on agreements that don't amount to tenancies (licences) and the distinction between protected licences and those without protection (PFEA1977).

If the council and Shelter are both wrong, where does that leave us? What could the landlord do?
We only need to stay 9-15 days longer than the exit date the landlord wants.

Ignore PPs, OP. I doubt very much your landlord
is going to take this to court, and if they do, it's a long slow process. Don't let the mumsnet scaremongerers panic you.

Clearly different legal views on this thread! Regardless of whether Shelter is right or not, I doubt the landlord will want to risk a potential criminal action by trying to take possession of a residential property where there may even be a possibility that you have rights. So put a lock on the door and make sure one of you is in at all times. That should do it

You landlord could summarily evict you after giving you reasonable notice.

You'd get a solicitor and an urgent injunction in the county court to reinstate your occupation.

The court would likely grant it On an interim basis.

However whether you are entitled to a final injunction to prevent unlawful eviction is another thing and will depend on whether you're a tenant or a licensee, and if the latter what type of licensee.

The likelihood is now you've warned off the landlord, he won't do anything.

If he does, seek legal advice and tell the council.

I'm not scare mongering. You asked for help. I've explained the law isn't simple and depends on the facts and oral discussions, messages etc which only you know.

Whilst an oral tenancy would likely be an assured shorthold tenancy, its not clear you are a tenant and the landlord could argue differently.

Thanks, that’s useful to know in case it goes that way!

Five days is not reasonable notice.

You have keys and you have proof of payment of rent.

I feel sorry for the landlord. You asked to rent for 4-6 weeks but now refuse to get out when agreed? You've broken the agreement but are demanding the right to stay as long as you like. I don't see how that is fair. The landlord had every right to make plans for the property for when you were supposed to be gone.

I was clear from the start that it would be 4-6 weeks but that the dates may shift due to the nature of building work. I made sure to ask if that would be ok as the last thing we wanted was to have to move twice. I have that in writing.
They want us out at the 5 week mark, giving us 5 days notice. Im asking to move out by 7 weeks the latest.
We don’t want to be living here any longer than we absolutely have to!

I feel sorry for the landlord in that they are not well in the head, but to not even have tiny bit of understanding and compassion for the situation theyve put us in is beyond bizarre. They won’t even pick up the phone to explain the situation.

From personal experience, I would not place my trust in the council. They are highly motivated to keep people in rented accommodation even when the facts are not clear. Shelter are usually pretty good with legal advice, but again, are biased in favour of tenants and don't always get it right.

My point stands - if you are protected by an implied AST being in place (due to rent being paid and keys being provided), your landlord should also therefore be protected by the initial 6-month fixed period during which a tenant cannot leave and stop paying rent no matter what they've told the landlord.

That said, I highly doubt the landlord will have the time or inclination to try and remove you unless he believes you do not intend to leave any time soon.