What rights does my sister have

moneyistooshorttomention

If there had been an unexpected bill caused by the tenancy (ie a tax bill they hadnt expected to pay) then I would imagine ex's parents would charge it to the (unofficial) tenant - ie their son - on exactly the same basis as if the tenant had caused some damage to the house.

Say the market rent for the house was £600 per month, but the actual rent charged was £400 (on the basis that it was cash paid to parents) - then a years tenancy would mean £200 per month x 12 months = £2,400 was due for difference between rent charged and market rent that would have been charged to A.N. Other tenant. OP's sisters share of that £2,400 would mean a bill for unpaid rent due from her of £1,200.

So - yep...bill payable by tenant on just the same basis of them being an ordinary official tenant that had decided to trash the decor and carpets.

Just saying....as that thought probably hasnt occurred to O.P. - but I bet it will to ex's parents if push comes to shove.:cool:

Yorkie1

If a LL chooses to let a property without declaring the income to the taxman, that is entirely their problem if the taxman subsequently decides he wants his tax.

There is absolutely no reason on earth why retrospective rent should be payable for the LL's misjudgement. If the LL failed to do the sums, that's the LL's fault.

Anyway, back on topic.

If there is no written tenancy agreement, and both people in residence have been paying rent money to the LL (as opposed to the OP's sister paying her OH, and the OH paying his parents) then she will nevertheless be a tenant and protected by statute. The family relationship is a red herring.

I imagine there's no gas safety certificate for the premises if it has gas, either...

agrinnall

BitterAndTwisted wrote: »

Are the parents kicking both adults out, or just your sister and her child? By what means are they trying to evict her? What they cannot do is just change the locks while she's out

OP, you still haven't answered either of B&T's questions, and the answers are important in determining the correct responses to your questions.

Fire_Fox

Ask them for a section 21 notice to quit, explain this will give more leverage with the council that the family are in fact homeless. She won't be priority for rehousing unless she can prove she is homeless or about to be. If they are stupid enough to do it that can be added to the evidence that there was indeed a tenancy. It would also be possible to demonstrate rent was paid if there is cash regularly going into and out of bank accounts.

G_M

Hey foxy - long time. Holiday work or poorly?

OP - there IS a tenancy as some sensible people have said, and dispite what some idiots have said.

Eviction can only take place after the LL goes to court.

Rent can only be changed by mutual agreement, or in certain circumstances (see below). It cannot be backdated.

Threatening (harrassing) a tenant is a crimnal offence (Protection from Eviction Act 1977 ).

Rent increases (how and when can rent be changed)