No, there was no court order for possession. We were evicted by the landlady, she does not own the house, she is subletting to others with the permission of the owner of the house.
The situation is that we found somewhere else to live and we gave notice, one month's notice, in the form of a text message, it was a longish message, and the part that said that we were giving her one month's notice did not arrive to her phone - so later that day we told her.
Then, over Easter, the Thursday before Easter the woman who's flat we were going to sublet for the summer changed her mind about moving out and decided to stay where she was. She changed her mind on Easter Thursday the day we were going to pick up the keys and move in!
So, the situation is that someone let us down and changed their mind about moving from the property that we were going to move to around 1 x week ago. Our rent was paid up until the end of April and we were then wanting time to find somewhere else to live.
In the meantime, the landlady and a man who lives in the house, whom she is very friendly with had arranged for one of his friends to take the room. We spoke to her about the situation and she continued to put a lot of pressure on us to move out, even though we had not found anywhere to go. We have felt as if it is only us that is shouldering the fall out from someone changing their mind.
So, there was a verbal agreement for her to move in this Sunday (that had given us just a week to find somewhere to move to although we had asked for a month) and we had understood that she would be sleeping in the living room, as people often do in this house e.g. couch surfers until Sunday. We had wanted to talk to her, the landlady, the other man in the house and to humanly come to some kind of solution that was going to help everyone out.
We have spent the whole of the last week looking for somewhere to move to, both a place for ourselves (our original plan) and an interim place - really, a whole month is needed to find somewhere and we have been struggling with the pressure, physically feeling very unwell.
This is an unlawful eviction - to be evicted there MUST be a Court Order
And even if there is a Court order you can ONLY be evicted by CERTIFIED bailiffs
There is protection under the Unlawful Eviction Act 1977
You should urgently speak to the Council
This is an unlawful eviction and the Landlord can be PROSECUTED
So no, you can't be evicted without a Court order
Can I clarify anything for you about this today please?
If you have an excluded tenancy or licence (eg you live with your landlord), your landlord doesn’t have to go to court to evict you.
Your landlord only needs to give you ‘reasonable notice’ to quit. The notice doesn’t have to be in writing.
There are no set rules about what’s reasonable. It depends on:
They can then change the locks on your rooms, even if you’ve left your belongings there. However, they must give your belongings back to you.
If you don’t think you’ve been given enough warning to leave, contact your local council for advice. Your council can take action if your landlord has evicted you illegally.
Shelter has more information about eviction of excluded occupiers."
Shelter has more information about eviction of excluded occupiers.
Our understanding is that Rishi (or me as well?) are 'excluded occupiers' in law and that therefore she would not need to obtain a court order to evict us she would only legally need to give us 'reasonable notice' to leave. Our question relates primarily to Rishi, what rights does he have? And, what constitutes 'reasonable notice' in this case? And, if this can be considered to be 'unreasonable notice' then what action can he take? In relation to myself, sometimes staying with Rishi but with no written agreement with the landlady to be there, knowing if I can legally enter the building and be with Rishi, or stay there overnight would also be helpful. Not, that we desperately want to do this. Primarily we want to know if this does constitute an unlawful eviction and if this is 'unreasonable notice' and if so what action we can take immediately and thereafter, and what we can hope to gain from that. Also, what it would be advisable to communicate to the landlady at this stage? And, to know clearly what our rights of access are re. getting our belongings and returning or retaining a key to the building. Many thanks!
If you give notice to the landlord, and you then decide not to leave, your landlord may apply to the court for possession without recourse to the 1988 Housing Act. It should be noted that under these situations, the landlord may be able to charge (and enforce) double rent on the overstay under section 18 of the 1737 Distress for Rent Act.
Rishi gave notice in a text message, the complete and relevant part of the text message was not received, the landlady then found out the he was giving notice through me.
Rishi was given 3 hours to leave. His rent payment frequency is monthly. This does not seem as if it was reasonable notice, what are his rights right now?
She has still unlawfully evicted you.
Speak to the Council - they can take action and prosecute.
You should have been given reasonable notice - which should have been 1 month.
Therefore contact the Council
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