Help with unfair eviction asap!

DaveTheMus

AirBoom wrote: »

turned up at 9.30am with another person and they banged on my door and let themselves in. (I was still in bed)

Why were you still in bed at 9.30? Should you not have been looking for jobs or arranging interviews?

Guest101

DaveTheMus wrote: »

Why were you still in bed at 9.30? Should you not have been looking for jobs or arranging interviews?

Maybe the op was unwell, or are you just being a sanctimonious so and so?

Guest101

lighting_up_the_chalice wrote: »

I've given you one answer to that already. Does he have any cleaning or laundry service as part of his agreement? I've checked the entire thread and cannot see anyone exploring that possibility before suggesting force as the only viable option. Perhaps you can point out where that particular avenue was explored?

A lock and a contract alone do not a tenancy make.

You do realise that what your talking about refers to facilities, not service. Ie a laundry room, or access to facilities to wash clothes.

The question was asked about whether the LL lived on site, the most common factor in determining excluded occupiers. He does not. This is clearly a HMO, probably in licenced.

The advice was to speak to council and police first, thereby covering the ops back.

Here's a little article about EOs http://m.england.shelter.org.uk/get_advice/private_renting/private_renting_agreements/excluded_occupiers

[Deleted User]

I hope that you are able to sort out this situation.


Normally with eviction notices, they have to prove that you actually received them. I doubt anything was carried out properly otherwise, as you say, you would have had the option to do something about it.


Go back to Housing Benefit, find out what happened from their angle. Also make a list of each room in the house and who lives in there to prove the landlord does not live there, and that you are a tenant not a lodger. I suspect that people will try and say what they please to justify their actions so you will need to prove what they are saying is rubbish. See what the legal papers you signed say. Get them looked at by CAB, Shelter, whatever as there may be clues in the paperwork.


You have done very well with your local housing department, I too went to a meeting in a desperate situation and was immediately told I would be found to have made myself voluntarily homeless. It was only on the third visit they admitted I had a case. They say these things to fob you off.


As far as being 'forced' to sign to have housing benefit paid directly to an LA/Landlord, officially it shouldn't happen but I remember my landlord tried to get me to contact housing benefit and say that my bank account was in such a mess, I needed HB paid to him directly. Apparently this was done all the time according to him. I refused as I work hard to keep my finances straight and managed to still get the house (but I was lucky on that one, I could easily have lost it). I am certain there are other ways to get around the rules.

FR_262

A cleaning and laundry service might be included.

If it is a HMO, and it sounds like it is, the LL is responsible for cleaning the shared areas of the property.

thesaint

lighting_up_the_chalice wrote: »

Very few "facts" were checked. For example, are any services (cleaning, laundry etc) provided? The fact that the situation is urgent hardly excuses promoting actions which may, in time, prove very detrimental to the OP. How on earth can they make an informed decision with so many posters offering such poor "advice"?

Maybe next time this situation presents itself, posters might want to take a moment to consider the full implications of their response.

So a licence would allow immediate eviction with no notice under the circumstances given in the opening post?

silvercar

thesaint wrote: »

So a licence would allow immediate eviction with no notice under the circumstances given in the opening post?

Info on licences here:

http://www.landlordlawblog.co.uk/2011/10/12/five-points-on-residential-licenses/

AIUI the big questions is whether the landlord lives in the same property as the tenant.

Other than trying to confuse tenants into thinking they have less rights than they do, the use of a licence is generally only appropriate for hostel living and university halls of residence.

thesaint

silvercar wrote: »

Info on licences here:

http://www.landlordlawblog.co.uk/2011/10/12/five-points-on-residential-licenses/

It was a rhetorical question.
A licence does not allow an eviction as detailed by the OP.

silvercar

thesaint wrote: »

It was a rhetorical question.
A licence does not allow an eviction as detailed by the OP.

Rhetorical questions on a forum don't work. I can't hear the expression you are using. I am not going to go trawling back through your previous posts to see what sort of line you generally take. Your second sentence above would have been more useful.

thesaint

silvercar wrote: »

Rhetorical questions on a forum don't work. I can't hear the expression you are using. I am not going to go trawling back through your previous posts to see what sort of line you generally take. Your second sentence above would have been more useful.

Rhetorical questions do not rely on the tone of voice.
and, the question was obviously not aimed at you.