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Being evicted for challenging a bill

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Comments

  • theEnd
    theEnd Posts: 851 Forumite
    It's horrible the way some LLs treat their tenants.

    I hope it's the minority, but it's definitely not insignificant.
  • [Deleted User]
    [Deleted User] Posts: 7,323 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    edited 16 December 2014 at 12:38PM
    I agree with other posters. It seems like the LL's are picking up bits and pieces of HMO actions but still making you all pay for fuel/council tax.., as if you have a tenancy.

    Personally, I'd go to the council, present the emails you have and ask for their assistance in understanding if they can throw you out as a matter of urgency. Get them to put this is writing if you can.

    Hopefully the council will pick up on these dodgy LL's and start making them operate either a HMO or an tenancy arrangement, not just bits of both as they please.

    I agree, that as you are paying bills, the agreement leans towards a tenancy rather than you being a lodger with no protection. So you can't be thrown out without proper notice. If they do, its illegal eviction, and this can be very expensive for LL's if you took them to court. I'd change the locks on your room door if they can get in. But find yourself something else asap.

    If you were thrown out as they want.., who would end up paying your rent as you have a tenancy/whatever until February 15th. What sort of agreement do you have.., is it one where you are all jointly and severally liable for the rent etc until Feb 2015? Read your agreement.., because the rest of the tenants may have problems with these dodgy LL's.

    You could also call SHELTER.
  • 12:02... what's happening, ooh the suspense. It's like Eastenders.. "gerraht o mah haase"

    I do hope that the OP posts an update; not because I'm nosy, just because I'd hate to think that people can get away with this sort of thing. Unless there's more to this than is immediately obvious...
  • I think the OP should probably remove the names from the emails!
  • Guest101
    Guest101 Posts: 15,764 Forumite
    I think the OP should probably remove the names from the emails!

    I disagree, hopefully the LLs will see it and realise how naive they are being
  • Guest101
    Guest101 Posts: 15,764 Forumite
    I agree with other posters. It seems like the LL's are picking up bits and pieces of HMO actions but still making you all pay for fuel/council tax.., as if you have a tenancy.

    Personally, I'd go to the council, present the emails you have and ask for their assistance in understanding if they can throw you out as a matter of urgency. Get them to put this is writing if you can.

    Hopefully the council will pick up on these dodgy LL's and start making them operate either a HMO or an tenancy arrangement, not just bits of both as they please.

    I agree, that as you are paying bills, the agreement leans towards a tenancy rather than you being a lodger with no protection. So you can't be thrown out without proper notice. If they do, its illegal eviction, and this can be very expensive for LL's if you took them to court. I'd change the locks on your room door if they can get in. But find yourself something else asap.

    If you were thrown out as they want.., who would end up paying your rent as you have a tenancy/whatever until February 15th. What sort of agreement do you have.., is it one where you are all jointly and severally liable for the rent etc until Feb 2015? Read your agreement.., because the rest of the tenants may have problems with these dodgy LL's.

    You could also call SHELTER.

    Just to clarify a HMO is just a classification, it's still a tenancy.
  • jmsa7
    jmsa7 Posts: 28 Forumite
    Tenth Anniversary 10 Posts Combo Breaker
    Hello everyone,

    My name is Jorge, I'm Carla's brother.

    Thank you all for the replies. I managed to get a room for my sister in case things don't go right today.

    She went to work as normal today but she is planning to go to SHELTER. She left most of her stuff at home and all values in a safe place.

    The contract she signed is a Assured Shorthold Tenancy Agreement. Notice of leave must be given at least one month in advance of lawfully leaving the property.

    Another section of the contract says:
    "c) To perform and observe any obligation on the part of the tenant arising under the Local Government Act 1992 or regulations made thereunder to pay council tax and indemnify the landlord against any such obligation which the landlord may incur during the tenancy by reason of the tenants ceasing to be resident in the property."

    I haven't heard from her yet. Will keep you all updated.

    Thank you very much again.

    Regards,

    Jorge
  • Guest101
    Guest101 Posts: 15,764 Forumite
    jmsa7 wrote: »
    Hello everyone,

    My name is Jorge, I'm Carla's brother.

    Thank you all for the replies. I managed to get a room for my sister in case things don't go right today.

    She went to work as normal today but she is planning to go to SHELTER. She left most of her stuff at home and all values in a safe place.

    The contract she signed is a Assured Shorthold Tenancy Agreement. Notice of leave must be given at least one month in advance of lawfully leaving the property.

    Another section of the contract says:
    "c) To perform and observe any obligation on the part of the tenant arising under the Local Government Act 1992 or regulations made thereunder to pay council tax and indemnify the landlord against any such obligation which the landlord may incur during the tenancy by reason of the tenants ceasing to be resident in the property."

    I haven't heard from her yet. Will keep you all updated.

    Thank you very much again.

    Regards,

    Jorge

    Thanks for the update
  • Voyager2002
    Voyager2002 Posts: 16,349 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    jmsa7 wrote: »

    The contract she signed is a Assured Shorthold Tenancy Agreement. Notice of leave must be given at least one month in advance of lawfully leaving the property.

    So the law protects her, and if the landlord attempts to evict her the police would assist her: in fact the landlord would then be committing a serious criminal offence.
  • Pixie5740
    Pixie5740 Posts: 14,515 Forumite
    10,000 Posts Eighth Anniversary Name Dropper Photogenic
    So the law protects her, and if the landlord attempts to evict her the police would assist her: in fact the landlord would then be committing a serious criminal offence.


    The law might protect her but the police might not. There have been incidences where the police have actively assisted landlords with illegal evictions. If that were to happen I'd be taking note of Plods collar number and be making a complaint to the IPCC.
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