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Sublet eviction without tenancy agreement

124

Comments

  • macman
    macman Posts: 53,129 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    How can you allege 'harassment' when you have no right to occupy the property beyond that allowed by her? As a lodger you have zero security of tenure and she can ask you to leave any time she likes. Like 24 hours from now.
    I'm not clear if your new abode is a flatshare or a tenancy, but I still don't think you've grasped the fundamental difference between the two.
    No free lunch, and no free laptop ;)
  • jasdev
    jasdev Posts: 112 Forumite
    Part of the Furniture 10 Posts Name Dropper
    edited 16 January 2016 at 4:05PM
    Macman, as determined by others in this thread, a lodger must be given notice equivalent to the rent period, i.e. one month in my circumstance.
    I have grasped the difference legally, but I have read some material that states that a landlord cannot seek to force me out prematurely. It's less clear what applies to lodgers and sadly I've not been able to speak to CAB to find out.

    Person_one, you and others who've posted previously in this thread have honestly shocked me.
    When I moved in, I knew I would be leaving in six months but I still bought items to improve the place, such as bath mats, a dish rack, towel hooks, bins.
    I treated her, her cats, and her belongings with respect, and maintained a clean flat, mostly spending my time in my room studying when not cooking.
    She expressed how happy she was with the cleaning and the items I'd bought.
    When she asked me to start leaving the kitchen exhaust fan on after leaving the house for work, I complied. Her reason was an unspecified medical condition (sometimes she calls it asthma, at other times allergies) which is affected by smells.
    Later when she asked if I could also leave the back door open whilst cooking and after leaving, I half-complied even though I became cold during the late Autumn/early Winter. I shut the door on leaving due to the security risk though.
    Further on, when she asked if I could cook only once every two days, I explored ways to do so.
    Before I had a chance to, she sent me a text giving me notice unless I started cooking just once a week, so I said that was not possible so we agreed notice.

    I then questioned how she could smoke cigarettes if the smell of cooked meat and wet laundry affected her so, and she began treating me like I was beneath her from that point on.

    Since then she's taken to turning the radiators off and opening front and back doors at all hours, even whilst I've been sleeping. Does that sound bearable to you?

    Now, I fully understand I have no legal basis to disagree but I feel I've been morally in the right and behaved impecabbly (except maybe that last part). And I ask you to tell me that her rules are reasonable on reading the above!

    Anyway, I will also be a lodger in the new place, sadly, but I was lacking for time and took the first available option. I used to be in favour of renting v.s. buying, and in my experience a standard landlord-tenant agreement still works for me, but given the option I'd buy over being a lodger again!
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  • Pixie5740
    Pixie5740 Posts: 14,515 Forumite
    10,000 Posts Eighth Anniversary Name Dropper Photogenic
    Lodgers do not need to be given notice equivalent to one rental period. Lodgers just need to be given reasonable notice unless they have a contract which specifies a notice period. What is reasonable though?

    Have you told your landlord which date you're moving out on? It might help if she knows when you'll be gone.

    Do take plenty of photos of your room when you leave just in case you have issues getting your deposit back.
  • Pixie5740
    Pixie5740 Posts: 14,515 Forumite
    10,000 Posts Eighth Anniversary Name Dropper Photogenic
    It doesn't matter whether or not we think her rules are reasonable or not. Nor does it really matter whether you think they are reasonable or not. It's her home so her rules.
  • macman
    macman Posts: 53,129 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    I'd suggest that you are temperamentally unsuited to flatsharing, which of necessity requires some compromises...and the same probably applies to your landlady.
    No free lunch, and no free laptop ;)
  • anselld
    anselld Posts: 8,684 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    macman wrote: »
    I'd suggest that you are temperamentally unsuited to flatsharing, which of necessity requires some compromises...and the same probably applies to your landlady.

    Landlady doesn't have any need to compromise though. She can just keep sacking lodgers 'till she finds one that doesn't insist on cooking meat in the mornings.... shouldn't take too long! :D
  • Dan-Dan
    Dan-Dan Posts: 5,279 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Back in the day when i used to lodge in various grim houses , one landlady insisted the toilet wasnt flushed by anyone but her regardless of what had occurred down it....

    She also like to boil cabbage every single morning at 6am

    She also had 11 cats

    I remember one night i said a mate could crash on the sofa after a heavy night on the sauce , i didnt know it at the time but he found her bedroom , got in and slept like a baby for the night...........she was in the bed at the same time

    She thought it was hilarious , lovely old girl , batty as they come mind

    if not good memories , certainly fond ones , in any event , lodging , ive done a lot of it , you get used to being bottom of the pile after a while , but i was in my teens and only cared about beer and girls anyway
    Never, under any circumstances, take a sleeping pill and a laxative on the same night.
  • DRP
    DRP Posts: 4,287 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    jasdev wrote: »
    Macman, as determined by others in this thread, a lodger must be given notice equivalent to the rent period, i.e. one month in my circumstance.
    I have grasped the difference legally, but I have read some material that states that a landlord cannot seek to force me out prematurely. It's less clear what applies to lodgers and sadly I've not been able to speak to CAB to find out.

    Person_one, you and others who've posted previously in this thread have honestly shocked me.
    When I moved in, I knew I would be leaving in six months but I still bought items to improve the place, such as bath mats, a dish rack, towel hooks, bins.
    I treated her, her cats, and her belongings with respect, and maintained a clean flat, mostly spending my time in my room studying when not cooking.
    She expressed how happy she was with the cleaning and the items I'd bought.
    When she asked me to start leaving the kitchen exhaust fan on after leaving the house for work, I complied. Her reason was an unspecified medical condition (sometimes she calls it asthma, at other times allergies) which is affected by smells.
    Later when she asked if I could also leave the back door open whilst cooking and after leaving, I half-complied even though I became cold during the late Autumn/early Winter. I shut the door on leaving due to the security risk though.
    Further on, when she asked if I could cook only once every two days, I explored ways to do so.
    Before I had a chance to, she sent me a text giving me notice unless I started cooking just once a week, so I said that was not possible so we agreed notice.


    I then questioned how she could smoke cigarettes if the smell of cooked meat and wet laundry affected her so, and she began treating me like I was beneath her from that point on.

    Since then she's taken to turning the radiators off and opening front and back doors at all hours, even whilst I've been sleeping. Does that sound bearable to you?

    Now, I fully understand I have no legal basis to disagree but I feel I've been morally in the right and behaved impecabbly (except maybe that last part). And I ask you to tell me that her rules are reasonable on reading the above!

    Anyway, I will also be a lodger in the new place, sadly, but I was lacking for time and took the first available option. I used to be in favour of renting v.s. buying, and in my experience a standard landlord-tenant agreement still works for me, but given the option I'd buy over being a lodger again!


    I think a lodger cooking strong-smelling food both morning and night would cross a line for me, too. Especially given OP didn't really comply with her requests to minimise the resultant lingering smells...

    OP i think you need to learn from this experience in your next share/lodge.

    Unfortunately, seeing as OP is a lodger, its her way or the highway
  • 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.

    This ^

    If she can be petty and unreasonable (telling someone they can cook only once a week and doors open and heating off in winter is).

    The OP pays rent and rights or not he still should be able to live in a warm environment and be able to prepare hot food (and sounds like she'd even object to takeaways if it's smells she's so bothered about).
  • Person_one
    Person_one Posts: 28,884 Forumite
    Tenth Anniversary 10,000 Posts Combo Breaker
    Mgman1965 wrote: »
    This ^

    If she can be petty and unreasonable (telling someone they can cook only once a week and doors open and heating off in winter is).

    That would be unreasonable, but on 19/12 the OP posted this:

    "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!"

    Seems its just the morning cooking of meat she objected to, which I think is fair enough. Strong smells can really turn your stomach in the morning.
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