Landlord Problems

Leones108

So, 2 months ago I moved into a room in my Landlord's house. This month, due to some delayed payments from Housing Benefits, my rent is late.

He told me yesterday that I have to move out today, I get that I am classed as an excluded occupier but surely I get more notice than that?

How should I proceed? (Moving today is not an option).

Foxy-Stoat_3

He needs to give you reasonable notice, whatever that means but a day isn't very reasonable.

How late are you with the rent? Can you not borrow some cash while your housing benefit gets sorted out?

Leones108

Currently 2 weeks late, and no. Don't know anyone with that sort of cash going spare.

He's decided that's not the issue now, it was a mistake to take someone on DSS according to him. I get I need to go, but a day's notice is a bit unfair.

SerialRenter

Do you have an agreement signed?

If so, what does it say in there?

If not, it sounds like you're a lodger/excluded occupier and not a tenant and the landlord needs to give reasonable notice, which is my non professional opinion would be the same as shelters guess, which is around one week.

http://england.shelter.org.uk/get_advice/eviction/eviction_of_private_tenants/eviction_of_excluded_occupiers

Foxy-Stoat_3

Trouble is, he is already 2 weeks late on his rent....have you told him when the rent will be upto date?

Leones108

Tried explaining that he will get everything owed.

I plan on sending this:

Dear <NAME REDACTED>


I understand that as I am a lodger and sharing facilities with you at <ADDRESS REDACTED>; I am classed as an “Excluded Occupier” which means that you do not need a Court Order or written notice to evict me.

However, even though my rent is late, I do still maintain some basic rights.

You need to give me reasonable notice to quit, one day is not enough. I had already explained to you that I will be leaving at the end of the month. To expect me to leave on 24 hours notice is unreasonable. “Reasonable Notice” is usually defined as one rent period, my rent is paid monthly.

I am unable to move out today, it is just not possible; I have nobody available to help me move on such short notice and nowhere to go if I did. My current rent period ends on 23rd April 2014, the date by which I already told you I would be leaving, I am able to bring this date forward to Friday 18th April (one week from today), but no sooner. You will, of course receive everything that is owed to you as soon as possible, and definitely before I leave the property.

I would appreciate keeping all communications regarding this issue by email if at all possible, for my records and yours.

Kind regards,


Any thoughts?

SerialRenter

It comes off as a bit aggressive, I understand that you're probably not on favourable terms with him at the moment, and that he's been unreasonable to you. But I would try to remain formal and professional sounding.

I'm not sure that writing a letter to someone you live with is the best approach and I certainly wouldn't talk about your rights, it tends to irritate landlords!

I'd try talking to them face to face and try to get them to agree that reasonable notice should be given. Also explain when you will be able to pay them, no lies, no uncertainty, just facts.

Good luck!

Jenniefour

Agree the letter comes over as aggressive - you want something from him that will help you. Writing a letter might just inflame things further. Agree with talking face to face, calmly and courteously. Ask him if he's willing to let you stay for the weeks notice. And let him know your concrete plan for how you're going to pay the arrears beofre he needs to bring it up. I assume you informed the landlord immediately when you knew the HB was late.

Sorry you're in this position because the HB has come late - it's glitches like that that make so many landlords reluctant to take on people who are on HB even though the vast majority of them are good lodgers/tenants.

BitterAndTwisted

If the OP is waiting for the Local Authority to process their claim for LHA it's not going to be possible for the OP to give their landlord an absolute deadline. Local Authorities have their own timetables.

OP: I would advise you NOT TO give your landlord such an aggressive-sounding letter. In fact, no letter at all.

You need to discuss this face-to-face, and if you can't come up with some cash today, you need to try and appeal to their better judgement. Someone in a position such as yours is obviously not in a position to make alternative arrangements at a moment's notice.

Meanwhile, if you have no access to an overdraft or similar you probably need to find something you can sell.