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Sublet eviction without tenancy agreement

245

Comments

  • 30 days notice is reasonable (its a pain it includrs xmas and new year though).
    Are you expecting any problems with the deposit? She appears to have been reasonable with the notice so hopefully she will be reasonable with the deposit.
    Unfortunately as you are a lodger and the deposit isn't deregistered then if there is an issue you will need to go to court to get it returned.
    Basically you've got to try and keep it as amicable as possible.
    Df
    Making my money go further with MSE :j
    How much can I save in 2012 challenge
    75/1200 :eek:
  • anselld
    anselld Posts: 8,684 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    jasdev wrote: »
    I guess I should demand a written tenancy agreement in my next place

    That isn't really the answer. As a lodger you will never have the same security of tenure as a tenant no matter what paperwork you demand.

    As a lodger you need to recognise that you start from a position of weakness and it is therefore in you best interest not to let the relationship break down.

    If you want the the security of a full tenancy as a sharer then find someone to share with and rent together as a joint tenancy (though that has other risks).
  • jasdev
    jasdev Posts: 112 Forumite
    Part of the Furniture 10 Posts Name Dropper
    Mm. I see.
    My previous tenancy was direct with the landlord, he provided individual tenancy agreements and deposit guarantees to all three tenants occupying his property. I was lucky!
    It is unfortunate that this relationship has broken down, as I would much rather have stayed here until April as planned. However, her red lines are: cooking meat for my packed lunches (she has demanded I only cook meat once per week if cooking in the mornings, however evenings are fine) and drying laundry in the kitchen/lounge (when it's too wet or gusty outdoors). I wasn't willing to compromise so out I go!
    I haven't been rude to her in person or in any correspondence with her and I'd like to keep things stress free so hopefully I'll see out the remainder of my tenancy happily.
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  • Pixie5740
    Pixie5740 Posts: 14,515 Forumite
    10,000 Posts Eighth Anniversary Name Dropper Photogenic
    Do you still not get the difference between being a tenant and a lodger? You weren't lucky before, you were a tenant. Now you aren't seeing out your tenancy as you don't have a tenancy because you're a lodger.
  • booksurr
    booksurr Posts: 3,700 Forumite
    jasdev wrote: »
    It is unfortunate that this relationship has broken down, as I would much rather have stayed here until April as planned. However, her red lines are: cooking meat for my packed lunches (she has demanded I only cook meat once per week if cooking in the mornings, however evenings are fine) and drying laundry in the kitchen/lounge (when it's too wet or gusty outdoors). I wasn't willing to compromise so out I go!
    as a lodger you must understand that she makes the rules and you have no say in what is reasonable or unreasonable. She can cook as she likes and dry where she wants but if she does not want you to do the same then that is her prerogative and you must comply with her instructions or she can kick you out as you are not a tenant and have no rights of tenure to remain there

    frankly I too would object to the use of a lounge to dry clothes as the increased humidity could easily damage furniture etc. Sounds like you have been a bit thoughtless?
  • jasdev
    jasdev Posts: 112 Forumite
    Part of the Furniture 10 Posts Name Dropper
    I do understand, it was not the appropriate term to use.

    And at the time I moved in there were mould issues in the hallway leading from the front door and in my bedroom, whereas the living room was the most well-ventilated room in the house and she was occasionally drying in there too. (Also, wouldn't the furniture argument apply to the bedroom too if I were to dry my clothes in there?)

    But as you said, she makes the rules and I have no say. I shall bear that in mind.
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  • When younger, I had several periods as a lodger., and I'm afraid it was always only slightly better than living with parents as you have to live by the rules of the person you are renting from, whether reasonable or unreasonable in your eyes.

    As you have said, you might have more protection if you rent from someone who doesn't live in the property and share facilities like bathroom and kitchen, so you are a tenant. But there are also some disadvantages to that - if you share and you don't get on, you're stuck, deposits can still be awkward to get back. However you do legally have to be given notice (after the end of the fixed tenancy period).
  • jasdev wrote: »
    But as you said, she makes the rules and I have no say. I shall bear that in mind.

    Is it worth saying something like this to your landlady, along with a sincere apology that you had not really thought this through previously (and now see the error of your ways)?

    She might then be prepared to let you stay on until April.
    e cineribus resurgam
    ("From the ashes I shall arise.")
  • booksurr
    booksurr Posts: 3,700 Forumite
    jasdev wrote: »
    (Also, wouldn't the furniture argument apply to the bedroom too if I were to dry my clothes in there?)
    it would, but she makes the rules and it is her furniture so she can destroy it is she wants but you can't. All you can do is negotiate with her how "unfair" she is being when she she dries indoors but won't let you. The outcome of that negotiation will reveal whether this will be a living situation that will last or not
  • If you feel like burning a few bridges once she has paid you the money back, google the house address and see who rented it out and report her to the real land lord. You could get that info from land registry. If I owed a property that was illegally sublet, where I had no ability to preform credit referencing or limit the number of residents, causing wear and tear, i would be grateful to know.
    She was pocketing all the profit while the landlord has to pay tax, landlord insurance and a mortage. I would drop her in it. One month notice over Xmas and new years is really like 2 weeks notice practically.
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