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ReadyLaw
ReadyLaw, Lawyer
Category: Law
Satisfied Customers: 4995
Experience:  Bar Professional Training Course
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I live in a HMO, my landlord is trying to issue me notice,

Customer Question

Hello I live in a HMO, my landlord is trying to issue me notice, previously my bills have all been included in my rent and now they have been transferred to me.
JA: Because laws vary from place to place, can you tell me where the property is located?
Customer: South west of England
JA: What are the terms of the lease? Any issues related to maintenance or upkeep?
Customer: For over a year the boiler has also not worked and I have had to replace many of the white goods in the house although it is a shared property
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: I also know a tennant who was there for 2 years prior to me moving in and bills have always been included
Submitted: 7 days ago.
Category: Law
Customer: replied 7 days ago.
He has only transferred utilities and council tax once speaking about selling the property and trying to evict me, I’m sure this comes under some sort of malicious eviction as I have not signed anything
Expert:  ReadyLaw replied 7 days ago.
Hi welcome to justanswer
Customer: replied 7 days ago.
Thank you
Expert:  ReadyLaw replied 7 days ago.
I amCustomerone of the legal experts here. My goal is to provide you with the best experience possible and answer any questions which you may have about your current situation.
Expert:  ReadyLaw replied 7 days ago.
I may not respond immediately, this is because I may need some time to read what you shared above, type and respond to you.
Expert:  ReadyLaw replied 7 days ago.
If there is anything else you need, please let me know before I respond?
Customer: replied 7 days ago.
No this is all, I need to know if my landlord is allowed to do this
Expert:  ReadyLaw replied 7 days ago.
Thanks for your patience and enquiry. You seem to be having two different issues. Firstly in relation to giving notice. A landlord can give a tenant notice providing the lease agreement allows for the landlord to do so outside of any fixed periods in the lease. This means therefore that your lease should allow for the landlord to give you notice in order for him/her to be able to do so.
Expert:  ReadyLaw replied 7 days ago.

The law currently requires for the landlord to give a minimum of 2 months notice. The only challenge therefore to a notice to leave the property is if you are able to establish that the notice that was given was somehow void due to it not being valid.

Expert:  ReadyLaw replied 7 days ago.

In relation to requiring you to pay utilities. The landlord cannot change this requirement without you consenting or the lease allowing him to do so. As such, the landlord now requiring for you to pay utilities when this was previously not your agreement is arguably wrong and you should not have to pay.

Customer: replied 7 days ago.
The problem being in my lease I only rent one room of a property and is a HMO? how can I be obligated to pay all of the bills just because the other rooms are empty. The lease doesn’t say anything about bills, but it has been the understanding and verbal agreement that the bills are paid as happens in most HMOs. Also previous tenants will agree to this
Expert:  ReadyLaw replied 6 days ago.

In which case the landlord cannot pass this cost on to you.

Expert:  ReadyLaw replied 6 days ago.

Just a final note that if you would like to reconnect with me at a later date, simply add the nameCustomeras a favourite expert. You may also tag me in a question starting off with @Readylaw.

I look forward to helping you again soon.

Thanks again,

Customer/p>

Customer: replied 6 days ago.
Thank you for the help, what law in the landlord breaking or what can I send to him to officially let him know of this as he will not just take my word for it
Expert:  ReadyLaw replied 6 days ago.
This is all subject to the contract that you would have entered into. You would simply assert that the landlord would be breaching the verbal agreement for the rent to include all bills.
Customer: replied 6 days ago.
Would him changing this to try evict me faster constitute a malicious eviction or another law being broken?
Customer: replied 6 days ago.
Would you add anything to this email?
Customer: replied 6 days ago.
After sending that email, he has called me and told me the house is not a HMO, does that make a difference although he rents out all the rooms separately even though they’re vacant?
Customer: replied 6 days ago.
File attached (5PVG4QV)
Customer: replied 6 days ago.
Customer
Expert:  ReadyLaw replied 6 days ago.

Please note the following responses:

1. A landlord evicting a tenant is not illegal. This can be done at any stage during the tenancy providing your lease agreement allows for this. Please refer to your lease to see whether it has a break clause and whether it states that you may be evicted with notice.

2. Your lease agreement should  say whether your bills are included or not.

3. This does sound as though it is a HMO. Contact your local council. They will be able to confirm this. If he is not licensed when he should be the council can take steps against him .

Expert:  ReadyLaw replied 6 days ago.

Just a final note that if you would like to reconnect with me at a later date, simply add the nameCustomeras a favourite expert. You may also tag me in a question starting off with @Readylaw.

I look forward to helping you again soon.

Thanks again,

Customer/p>

Customer: replied 6 days ago.
I am aware about the eviction that part is fine.What I need to know is if he can put the bills into my name, there is no signed lease agreement but bills have always been included so surely that is the contract he’s entered with me? All previous tenants had bills included and I only have access to one room
Expert:  ReadyLaw replied 6 days ago.

Kindly have a look at my initial response to you where I clearly said if the lease agreement does not provide for this then he cannot do so.