Sublet eviction without tenancy agreement

jasdev

To begin, I've made five attempts to contact my local Citizens Advice Bureau by telephone throughout Friday but each time was unsuccessful. I will explore whether I can visit them in person, if work allows, before the CAB shuts shop for the Christmas holidays.

I rent from a lady who herself rents from an agency. She has a written tenancy agreement with the agency which I learned yesterday prohibits subletting the flat whole or in part, I have only a verbal agreement with the lady. My original plan was to move out in April 2016.
I pay rent and bills automatically on time without being in arrears.
My deposit of £1,000 is, to the best of my knowledge, not held in a deposit protection scheme, and I've not been presented with any such certificate.

Our relationship has broken down to the extent that she has served notice on me (30 days).
I'm very unsure as to my rights in this situation, there doesn't appear to be any information I can find relating to subtenants' rights without a written tenancy agreement.

I am in the process of looking for a new place to live but I'm not sure how long that may take and don't want to find myself homeless or forced to take on a significantly more expensive room than I can afford after running out of other options.

Long story short: am I s**t out of luck?

mrginge

Where does your landlady live?

jayson043

tell her that you can move asap, but need the deposit back for the next rental. Ensure you get the deposit back asap.

jasdev

There are two bedrooms, one at the front adjacent to bathroom (mine), one at the rear of the flat (adjacent to kitchen/lounge and garden. She's in the rear bedroom.

theartfullodger

'phone Shelter, 0808 800 4444:

They are open weekends & Xmas day see
http://england.shelter.org.uk/get_advice/how_we_can_help/housing_advice_helpline

CA are a charity: If one wants them to have more resource to help people then encourage anyone you know to donate & lobby the local council to give them more £££££

seashore22

Doesn't that make you a lodger rather than a tenant? If you are a lodger your rights are very limited/nonexistent.

jasdev

I thought lodging was only the case where the landlord lets out their own property in which they also live?

seashore22

I found this online:

http://scotland.shelter.org.uk/get_advice/advice_topics/renting_rights/taking_in_a_lodger_or_subletting_your_home/subletting_if_you_are_a_tenant

It applies to Scotland, but may apply to other parts of the UK. If you are a tenant and let out a room, the person you let to is a lodger. If you let the whole house they are a sub tenant.

It may not be that straightforward though.

anselld

jasdev wrote: »

Long story short: am I s**t out of luck?

You are lucky .... she has given you 30 says notice!

G_M

jasdev wrote: »

There are two bedrooms, one at the front adjacent to bathroom (mine), one at the rear of the flat (adjacent to kitchen/lounge and garden. She's in the rear bedroom.

You live with your landlord, and share accomodation with her. You are a lodger.

She has no obligation to register your deposit.

You have a verbal 'licence to occupy' - not a tenancy, so have few rights.

What were the terms of the verbal agreement:
* rent?
* paid weekly?monthly?.....?
* deposit: terms for return/deductions agreed?
* notice period?

If no notice period was agreed, it should be 'reasonable'. The default is that if rent is paid wekly, a weeks notice. If rent is monthly, a months notice.

However other circumstances could affect what is reasonable eg if there has been violence, or threats, or or breaches of other term of the licence.

LODGERS (Licencees/Excluded Occupiers)
A lodger (broadly) lives in the same property with their resident landlord, and shares facilities. Unlike tenants, lodgers have few rights.

The Housing Act 1988 provides definitions of 'Resident Landlord' and 'same property' (S31 & Schedule 1 (10).

There is advice for landlords considering taking in lodgers here:

LodgerLandlord (21 tips from solicitor Tessa Shepperson + General information site)

Landlordzone (Various articles on taking in lodgers)

Renting out rooms in your home (Government info)

Rent a Room Scheme (HMRC guide for tax-free income from lodgers)

jasdev

I see. Thanks all for the advice! I had hoped I might be able to seek a longer notice period but oh well.
I guess I should demand a written tenancy agreement in my next place, if that does not affect the likelihood of my receiving an offer in a crowded market for flatsharing!