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wingrovebuyer
wingrovebuyer, Solicitor
Category: UK Property Law
Satisfied Customers: 644
Experience:  I am a property solicitor specialising in English Property Law, mines and minerals, sporting rights and rural property.
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Hi there, I have a question regard to tenant rights where

Customer Question

Hi there,
I have a question regard to tenant rights where living in the 5bedroom victorian house where each room is occupied and living room has been taken by person(family) wife and a husband and their two kids who are renting the whole house and they just rent out the rooms so they make money for themselves where only way of paying rent is in cash. They are getting over �2300 in cash from all the people in the house. It wasnt a big issue till this lady who takes the money from us said that she doesnt like my girlfriend, and she wants her out within a week all because they have had a little argument over the rules we have in the house, but not a big issue. She made it big, she said she wants her out within a week, and if I want to go with her, I'm free to go but I'm not going to get my deposit back, I've paid deposit at the first place, unless I give her a month notice, what we have done already. There is no contract, no papers signed, no deposit payment protection scheme.
Submitted: 1 year ago.
Category: UK Property Law
Expert:  wingrovebuyer replied 1 year ago.

wingrovebuyer : Hello. Does this couple rent the house themselves, then sub let the rooms?
Customer:

yes. thats right

wingrovebuyer : Thanks.
wingrovebuyer : I need to quickly check something, but I'll be back in 20 mins or so. Hope that's ok.
Customer:

alright. thank you

Customer:

I also want to say that I have moved in, and after 3month this couple have let my girlfriend to share the room with me under circumstance that we have paid 800 together for the room, where I was paying 630 for myself.

Customer:

The worst is, none of us would thought that something might goes wrong, they have two kids, one is 2,5years and the other is just a new born baby. So you can imagine sharing the house with so many strangers and having two kids is not easy and something just not right about it. Most important is that we have found place through an agency and we move out soon.. But what she is demanding is causing us problems.

Customer:

Also, fact that she has demand money in cash from everybody and then walking around the house like its her own.. having two kids, not working.. there is too many of possibilities whether or not she is claiming on kids or housing benefits or whatever else you can claim these days I dont know.. Because of her recent attitude it starts bothering me.

wingrovebuyer : Thanks. Is the house three storeys or more?
Customer:

two storey..

Customer:

its a big family house

wingrovebuyer : Thanks, XXXXX XXXXX to your room, even though you don't have a written agreement, if you have a designated room that is yours, you have an Assured Shorthold Tenancy. Accordingly, the landlady can't demand you leave on short notice. Possession proceedings can't be taken within the first 6 months of occupancy, so you're well within that. You and your girlfriend have a joint tenancy, which arose when she moved in and the rent went up. Accordingly, she can't kick out you or your girlfriend. She can ask you leave at the end of six months from when your girlfriend moved in. I am also concerned about the sub letting. It is very unlikely that the landlady's own tenancy allows subletting, and so she is probably in breach. She hasn't protected your deposit, which could cause her problems more than you, but it may not be so easy to get your deposit back if she wants to be awkward. This also sounds like a classic case of benefit fraud, but that is not for me to comment on.
wingrovebuyer : In addition, a house which is let to three or more tenants forming two or more households is a House of a Multiple Occupation which must be licensed by the local council, under very strict regulations. I doubt your landlady has complied with these rules.
wingrovebuyer : I tell you this because it may be useful "ammunition" to get a compromise with the landlady, but she sounds very reckless.
Customer:

Thank you very much for your advice, I have found it to be very useful "ammunition' to get a compromise and I don't really think she is going to be so positive after next conversation we are going to have.

wingrovebuyer : Good, I do hope it helps! Please do leave a rating, and I will answer related follow ups free.
Customer:

alright, thank you

wingrovebuyer, Solicitor
Category: UK Property Law
Satisfied Customers: 644
Experience: I am a property solicitor specialising in English Property Law, mines and minerals, sporting rights and rural property.
wingrovebuyer and 2 other UK Property Law Specialists are ready to help you
Customer: replied 1 year ago.

Hi there. I have a related follow up to my recent enquiry.


My girl has been in local council and spoke up, they have found out that house is known as family house, its not registered as House of Multiple Occupation as you have advised me and they are looking into it, further investigation of benefits fraud and tax avoiding is in progress.


On the other hand, as I've mentioned we don't have any tenancy documentation, we've been threatened of eviction. I've been speaking with the owner of the house on the phone, she introduced herself as the real owner and as the good friend of the couple. She also told me that if Oleksandra doesn't feel comfortable and she is demanding that my girl has to leave the property by 24.june, she must obey.


I am really worried that its a no win. I trust my feelings knowing there is something wrong, but I dont really know what else we can do from here.


We've spoken police, even though they've told us that without any documentation or written tenancy agreement we can't do much. Unless some kind of force will take a place, then police will act, but till the moment is only a word of mouth.


On the other hand, citizen advice bureau advised us to accuse her of anti-social behaviour and harassment because of her acts on the house. No matter what hour it is, everybody has to be quite. You cant even listen to a radio in the kitchen while cooking because she sleeps all the time, and her baby too. Just yesterday she entered my room without saying a word while i wasn't around and she has put my bicycle pump which I've stored under the stairs in hallway into my room because she were reorganising the space there and she didn't like it. After I've found out, I went knock on her door and asked what is all that about. What right she has to walk in my room just like that, she refused to talk to me and she said if I keep interrupting her she is going to call the police. She said her baby sleeps and if I scared her baby in her house she will cause us more problems.


It is so much more to it, she keeps adding nonsense, she is complete threat using her kids against us.


What can happen if my girl is not going to move out on monday. Can she force her out? Will police get involved and will she has to leave after all anyway? I don't really know what to do. Its getting worse everyday.


 

Expert:  wingrovebuyer replied 1 year ago.
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Customer: replied 1 year ago.

Well we didn't move in together, but yes, when she moved in and we start to live together rent went up, and it was part of a deal.


On the other hand, because its ongoing from 12th of this month, she only let her stay till the day the rent has been paid, which is 24th june and then she doesn't want to see her in the property anymore. She can actually leave her belongings behind till day i move out which is 21st, I've been told. But she cannot come back, not even for the visit.


Please, is there little bit more you can advise me on this so we can sort it out for good. I do understand that its civil matter so police hasn't got nothing to do with it, but what if they say she stays in the house illegally. That she has been kicked out, but she is still there. Can police force us out? Its silly, but i just want to get clear picture of what consequences it might have bring.


thank you

Expert:  wingrovebuyer replied 1 year ago.
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