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Relationships

Mumsnet has not checked the qualifications of anyone posting here. If you need help urgently or expert advice, please see our domestic violence webguide and/or relationships webguide. Many Mumsnetters experiencing domestic abuse have found this thread helpful: Listen up, everybody

See all MNHQ comments on this thread

Ex dp, ds, fake name, extra kids, second thread

793 replies

Fedupofitnow123 · 28/11/2019 22:47

Thank you for your continued support, I'm starting this thread regarding the impending court hearing tomorrow, if someone could link my previous thread that would ne highly appreciated!

OP posts:
Ogham · 29/03/2020 18:06

Do landlords even have the power to dictate who can or cannot stay with the tenants? I’m sure your not causing any problems there or was their a complaint made? Can you get advise from a solicitor over the phone? If there isn’t any clause in the original tenancy regarding long term guests I can’t see how the landlord can write it in now. It Doesn’t sound entirely legal.

Fedupofitnow123 · 29/03/2020 19:02

That's a good idea about looking in the tenancy, no we haven't caused any problems, we've kept quiet, there is no one else who lives close either to complain! I can't understand why they'd do it now of all times

OP posts:
Lucyccfc68 · 29/03/2020 19:12

@fedupofitnow123 I have spent most of the day reading both threads and I wanted to say how bloody amazing you are.

It takes great courage to do what you have done and I am totally in awe of you.

What a wonderful Mum you are and obviously have such a fabulous bond with your son. 💐💐💐

Fedupofitnow123 · 29/03/2020 19:19

@Lucyccfc68 Thank you, most of the day! Wow, I suppose I forget how long it has got, sometimes I feel like things are just happening to me and I'm just going with it, dealing with each new thing!

I've cried, I've sobbed, I've had the worst feelings coursing through me, but I'm still here somehow! Somehow, my parents and grandparent say how much brighter I am in my eyes and looking back at old pictures, I can't believe how dead my eyes look, even when smiling, I looked so sad!

OP posts:
AcrossthePond55 · 29/03/2020 19:38

I'm in the US so can't be of any practical help. But I do know that where I live a moratorium has been put on any evictions. Has anything similar been done there, either nationally or at a local level?

If you don't mind saying, what reason has been given? Too many people living there or no children allowed? Maybe the legal grounds they've given will give you a reason to be able to stay.

Again, I'm in the US and have NO idea about UK rental rights!

Lucyccfc68 · 29/03/2020 19:40

@Fedupofitnow123 I shed a few tears today reading all your posts. You are an incredible lady and I hope all your tomorrows are filled with love, laughter and smiles. x

Fedupofitnow123 · 29/03/2020 19:52

@Acrossthepond55 it literally says "as per the tenancy agreement we would like it to return to a 2 person occupancy and regretfully ask that your daughter and grandson leave by 30th April"

That's it, hope you're safe in America

OP posts:
AcrossthePond55 · 29/03/2020 20:38

Ah, I see. So probably nothing you can do if the tenancy was limited to 2 people. Damn. It's too bad the landlord isn't a kinder person!

Feeling safe so far. We're in a 'locked down' state and semi-rural with property so we can physically isolate ourselves easily. Retired so don't have to venture out very often. Strange times.

PressToChange · 30/03/2020 17:29

Could you say that your situation is a temporary housing solution.
Due to the government lockdown restrictions which state that vulnerable (pregnant) people should not go out unless for urgent needs, you will not be able to vacate immediately or by the 30th April. It is not your intention to stay longer than is absolutely necessary during this time of a national pandemic but as estate agents are closed it would be impossible to leave. You have found yourself trapped in lockdown.

BackseatCookers · 30/03/2020 21:06

Bloody hell OP I wish you could catch a break, argh. Is it worth you posting on the legal boards to ask for some help writing a response to the landlord to see if you / your parents can at least buy you some time there. You're an absolute warrior, you should be so proud of yourself Thanks

SunshineCake · 30/03/2020 21:40

I don't suppose you posted on here about what a git he was, to counteract the lies he has said?

Evictions are banned for three months btw.

caffeinefix · 30/03/2020 21:53

@SunshineCake what are you going on about??

SunshineCake · 31/03/2020 08:16

I have no clue what I posted but there is no way it wasn't kind

I made a suggestion iirc

SunshineCake · 31/03/2020 08:43

When the OP said about how did she prove what her ex had done I was wondering if she had posted about things on here as a way of using it as a time line example of proof. I don't understand what was wrong about my suggestion.

Fedupofitnow123 · 31/03/2020 08:57

@sunshinecake I had posted, since the beginning actually and wished I'd followed the advice, but I used various accounts and started new ones over and over to keep hidden, he found one and went crazy about it

OP posts:
SunshineCake · 31/03/2020 09:51

Oh dear, *@Fedupofitnow123. Maybe MNHQ could find them and email them to you ?

FlowerArranger · 31/03/2020 09:54

it literally says "as per the tenancy agreement we would like it to return to a 2 person occupancy and regretfully ask that your daughter and grandson leave by 30th April"

@Fedupofitnow123... The first thing you need to do is go through the tenancy agreement with a fine toothcomb. Check what it actually says about limiting the number of occupants.

THEN check, first, whether the tenancy agreement complies with the law. Is it a properly executed AST? Is it still in the period fixed by the agreement, or has it evolved into a periodic tenancy? Google and do some research on this - it can be quite complex. It's worth noting that many amateur landlords use out of date tenancy agreements that may not be valid.

Secondly, has the landlord complied with the law in terms of up to date:-

  • gas safety certification
  • EPC, Energy Performance Certificate
And has he issued the government's official `How to Rent` guide?

Also, has the landlord protected the deposit, either through insurance or a recognised scheme such as the DPS? And has he issued the required Terms & Conditions?

Non-compliance with any of the above could void the rental agreement.

However, assuming the LL has complied with all the above, check whether a clause limiting occupants is actually legal. Resources that can help include:

  • Shelter
  • Landlords forums, e.g. Landlordzone [They help tenants too, not just landlords!]

Finally, you refer to the notice as given in a letter. Again, even if the 'LL has complied with the letter of the law, the notice he has given will not be valid unless it is properly executed. This means that the notice period has to be in line with the tenancy agreement, and the notice has to be worded correctly. Also, to start the process of eviction, he would have to issue a Section 21 and/or 8 notice. It's a drawn out process and quite complex, so you'd want to seek legal advice on this.

At the end of the day, the government has stopped all evictions for the foreseeable future, so you will be able to stay for the next few months at least.

Fedupofitnow123 · 31/03/2020 09:56

@sunshinecake this is an idea, I may have to email them to ask

OP posts:
PressToChange · 31/03/2020 10:27

Can you also be clear that you are not an "occupant" but a guest. A landlord surely can't state that tenants can't have guests?

HazelBite · 31/03/2020 10:49

Thing is the OP does not want to upset her parents landlord, it is their tenancy that is at risk and any "agitating" to end up with all four being given notice to quit, which would be grossly unfair.

Far better to contact the landlord explain that the OP is a guest and ask (very nicely) if the LL could write a explaining that if the OP continues to live there all 4 will be evicted and that will be 4 people on the homeless register.
Hopefully the LL will be sympathetic as at the moment in the current crisis its going to be difficult to find an alternative home.
What I am saying don't go in heavy handed quoting tenancy law etc because its only going to adversely affect the OPs parents who hope to continue living there!

Fedupofitnow123 · 01/04/2020 09:17

@hazelbite exactly! There are a lot of things to consider!

OP posts:
AcrossthePond55 · 02/04/2020 14:58

Is there any way to contact the landlord and see exactly what their problems are with you being there and seeing if there's anyway you/your parents can 'mitigate' their concerns?

If they're worried about damage that may be cause by a child, perhaps your parents/you could offer them an additional deposit against damages or a guarantee that you/your parents will pay for any damage your child may cause over and above the 'usual' deposit amount?

Is it an occupancy numbers issue? Where I live in the US there can be strict legal limits on the number of occupants based on the number of bedrooms. Could that be the issue?

Fedupofitnow123 · 17/04/2020 17:21

Just thought I'd give a positive update!

Today we found out that we have a flat and move in on Monday, one day before the baby is due!

OP posts:
Oddgirlout · 17/04/2020 17:22

Hooray!

Daftapath · 17/04/2020 18:01

Such fantastic news! Smile

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