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Legal or illegal?
Comments
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Landlady does not live at same address, he has a short assured tenancy, 6 months, but it renewed itself, im sure this 6 months is up next week.
Unless the tenancy agreement says something about what will happen at the end of the first 6 months then it will automatically renew for another 6 months. This is called tacit relocation.Landlady has not giving any reason why she wants him out, he thinks its rent arrears.
The landlord doesn't necessarily need a reason other than wanting the property back at the end of the fixed term. To start the eviction process the landlord should have issued a notice to quit (usually a minimum of 40 days notice) and a Section 33 (2 months notice). Often they are served together, mine were the other week. If I didn't move out then my landlord would have to go to sheriff court to get an eviction order.
If the landlord wishes to evict due to arrears then a notice to quit still needs to be served and notice of proceedings. The notice of proceedings will tell you want ground you are being evicted on. There are grounds that cover rent arrears and late payments. However, if the arrears or late payments is due to a delay in receiving housing benefit then the sheriff will take this into account.She text him last week to tell him to get out by tomorrow, text him today tell him tomorrow, no letters nothing?
She might keep his tv and stuff in return for rent? Starts work tomorrow at 5am til 5pm, paranoid he wont get into his home.
He cant afford a solicitor if he gets evicted tomorrow, dont think the police will do anything, not sure its their job, to get him back in?
She cannot keep his belongings to cover rent arrears. If your friend is illegally evicted then it is the job of the police to help him. The police should report the case to the procurator fiscal to see if the landlord will be taken to court for the illegal eviction. The police can also help him gain access to the property. Although in your OP you say your friend lives with 2 other people so could they not just let him in?
Your friend really ought to speak with Shelter and possibly contact the council if he is facing homelessness.0 -
He works part time and in receipt of housing benefit, while it takes up to 12 weeks to process, she is not willing to wait!!
If that's the case then even if she does manage to serve the proper notices and takes it to the sheriff court the court might not side with her. She should know this.0 -
Theres 2 other people living there, one is never in, the other one he never sees, his landlady is paranoid that my friend will mention one of the guys names at the council, has been told under no circumtances does he ever mention his name, the guy she talks abous is polish, im just wondering what kind of landlady he is dealing with, no letters, just a text to get out, he emailed her to ask for reference for another place, she said no, he text her back to say what she is doing is illegal and he will be seeking advice aswell as going to the council. Then she sent him a reference, makes me wonder whats going on. Hoping he gets home tonight and can manage to get in.
Thank you for all your help guys xx0 -
If I was a gambling Pixie I would say that the landlord is operating a HMO without a HMO licence.0
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In Scotland a HMO is a property that is shared by three or more tenants who aren't members of the same family. HMO landlords must have a licence from the council. This ensures that the property is managed properly and meets certain safety standards. £10 says she hasn't got a licence.
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In Scotland a HMO is a property that is shared by three or more tenants who aren't members of the same family. HMO landlords must have a licence from the council. This ensures that the property is managed properly and meets certain safety standards. £10 says she hasn't got a licence.
That would be right, how would i go about finding out? The house has not lounge area, it has been converted into a bedroom, so 3 bedrooms, small kitchen and bathroom, with no heating, they use a small plug in heater that swallows up electric, also damp.0 -
Just ask the council. However, if she doesn't have a licence then the council can inspect the property without warning and the tenants may have to move out but the council will help to re-house them.0
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