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Two weeks notice to vacate from Land Lady

124

Comments

  • That was my take on it too - I have some experience of this because when my son was student he lived in a house share with other students one of which was the brother of the legal owner. He treated them all as lodgers but when push came to shove he settled out of court only because the Council housing dept stepped in and said he could not to evict at a weeks notice and was issuing sham tenancies.

    Okey dokey. Looks like I might be stuffed then. I have 2 viewings this weekend (to move in end of month) so hopefully one of them will turn out to be suitable.
    Working towards:
    [STRIKE]*House Purchase (2015)[/STRIKE]
    [STRIKE] *Top-up pension (2016)[/STRIKE] [STRIKE] *Clear CC (2016) [/STRIKE]
    *Mortgage
    Overpayment (50% LTV by Jan 2020) *Clear student Loan(by Jan 2020)[STRIKE]*Save for a Car (2017)![/STRIKE]
    *Making the most of life!!!
  • Guest101
    Guest101 Posts: 15,764 Forumite
    You are a tenant not a lodger. Text her immediately saying the folliwing:

    Dear x
    you are wrong. I an a tenant and have rights. You have not pritected my deposit and therefor your notice, which is invalid anyway, is now further so invalid.
    I request you return my deposit immediately and ussue a valid s 21 notice.
    Any attempt to remove me without a valid court order would be illegal eviction and i will call the police
    regards
  • Guest101
    Guest101 Posts: 15,764 Forumite
    That was my take on it too - I have some experience of this because when my son was student he lived in a house share with other students one of which was the brother of the legal owner. He treated them all as lodgers but when push came to shove he settled out of court only because the Council housing dept stepped in and said he could not to evict at a weeks notice and was issuing sham tenancies.

    Because the LL was an idiot. If the contract had been with the brother however, different story
  • booksurr
    booksurr Posts: 3,700 Forumite
    edited 19 September 2014 at 1:18PM
    NinaSwiss wrote: »
    Okey dokey. Looks like I might be stuffed then. I have 2 viewings this weekend (to move in end of month) so hopefully one of them will turn out to be suitable.
    no you are not stuffed

    now you have posted the tenancy wording it is abundantly clear you are :
    a) a tenant
    b) now on a monthly periodic tenancy
    c) the notice you have received is invalid and any follow up against it by the LL (or her son) would be the start of harassment and/or illegal eviction both of which are criminal offences

    therefore you must give 1 month's notice aligned with the end date of the rental period, ie your notice expiries at midnight on the 23rd of each month.

    Whereas the LL must firstly return your unprotected deposit and only then can they give 2 calendar months notice which can end any date as long as that is 2 clear calendar months in advance
  • RAS
    RAS Posts: 36,154 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 19 September 2014 at 1:10PM
    NinaSwiss wrote: »
    Perhaps its the case that she is treating me as a lodger. Whilst her son does live here, he also pays her rent from his housing benefit under separate tenancy agreement.

    You are both tenants. If son is a tenant, so are you.

    EDIT: How old is this son? How much is the shared room rrate for your local area http://lha-direct.voa.gov.uk/search.aspx
    If you've have not made a mistake, you've made nothing
  • RAS wrote: »
    You are both tenants. If son is a tenant, so are you.

    EDIT: How old is this son? How much is the shared room rrate for your local area http://lha-direct.voa.gov.uk/search.aspx


    He is 33 or 34 and my area is estimated at 81.03/wk according to the link. I have no dealings whatsoever with him other than light banter. (Eg if something needs fixing I contact LL not him)
    Working towards:
    [STRIKE]*House Purchase (2015)[/STRIKE]
    [STRIKE] *Top-up pension (2016)[/STRIKE] [STRIKE] *Clear CC (2016) [/STRIKE]
    *Mortgage
    Overpayment (50% LTV by Jan 2020) *Clear student Loan(by Jan 2020)[STRIKE]*Save for a Car (2017)![/STRIKE]
    *Making the most of life!!!
  • RAS
    RAS Posts: 36,154 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    OK

    If the LL puts your rent up as she suggests and only charges son £80 p.w, this could be a contrived tenancy. She has to treat him like everyone else in the house.

    Next time you are bantering him, as whether he ahs been asked to pay the increased rate?
    If you've have not made a mistake, you've made nothing
  • Guest101 wrote: »
    Because the LL was an idiot. If the contract had been with the brother however, different story

    Yes I appreciate that. However the non working student brother was in receipt of the rent so that the working brother did not have to pay tax. It went on for years and nobody would have rocked the boat had they not been forced to.
  • topdaddy_2
    topdaddy_2 Posts: 1,408 Forumite
    I wouldnt be texting. Stick it in a hard copy. And crack on.
  • Guest101
    Guest101 Posts: 15,764 Forumite
    topdaddy wrote: »
    I wouldnt be texting. Stick it in a hard copy. And crack on.

    I'd always suggest following up with a letter, but text gets the message across straight away.
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