Being evicted from sublet (which could prevent major essential surgery)

macman

Does the tenancy held by the live in LL permit them to sublet? I'd be amazed if it did. If it does not, then you may have some bargaining power.

chris_m

macman wrote: »

Does the tenancy held by the live in LL permit them to sublet? I'd be amazed if it did. If it does not, then you may have some bargaining power.

From the OP's Sublease Agreement ;

The tenant warrants that the tenant's landlord has consented to the sublease.

G_M

Though that begs the question of who is 'the Tenant' in that clause.

Definition of 'The Tenant' thoughout the sublease agreement must be the OP. Definition of 'The Landlord' must be his live-in landlord to whom he pays rent. There is then a 'Head landlord' who (presumably) owns the property but does not live there, so actually that clause should say

"The landlord warrants that the Head Landlord has consented to the sublease. "

But it's all a moot point since the intention is clear. It's just further evidence of the cobbled-together nature of the agreement, and lack of legal nous.

avoidingeviction

HappyMJ wrote: »

I would go to the council regarding your problem.

You can be rehoused temporarily in accommodation very quickly and once you recover you can then move back into private rental again. You can't stay in temporary accommodation for long. For one thing it won't be suitable for long term occupation but it will do to put a roof over your head and somewhere to sleep. You'll have to pay for it and it's more expensive than a normal tenancy.

You health care comes first. Even if you have to stay in the hospital longer then do it that way and let your partner sort out the moving.

You don't need to lift anything employ a "man and a van" to move your stuff for you.

It will cost money so if you can I would get loans and credit cards sorted now to tide you over until you recover and can return to work.

Do not ever postpone surgery at any cost. Go into debt and declare bankruptcy if you have to. Do anything you can to sort your health out.

We're lucky that we have decent jobs and savings despite being young, so this is largely an issue of logistics rather than money.

Would the council actually be interested? We're in our mid-20s with no kids. The surgery which I am due to have will solve what could be called a disability (though it has only lasted this long - well over a year - due to NHS delays - but that's another story entirely :mad:) but we are not otherwise disabled or likely to be classified as vulnerable, so I'm under the (cynical?) impression that they will class a shop doorway as being suitable accommodation.

I really do want to sort my health out, it just seems like the whole bloody thing is doomed (the next thing will be the junior doctors strikes....)

I did wonder if we could do the live-in landlord for disability discrimination - she issued the eviction notice at the earliest opportunity after being told I was having surgery - but unfortunately live in landlords are exempt from the Equality Act.

macman wrote: »

Does the tenancy held by the live in LL permit them to sublet? I'd be amazed if it did. If it does not, then you may have some bargaining power.

According to our bit of paper it does, and given the set of circumstances which we have been told exist by the live-in landlord, I suspect this is the case. However, my partner has written to the external landlord and has informed them that we are there and how much we're paying (as we strongly suspect that we are paying well over half).

I think my partner is reluctantly coming around to the idea of moving house, luckily, and we have some viewings booked in for next week (though even that's a challenge - so many agents are shut for xmas) so hopefully something suitable will come up.

csgohan4

So sad, hope it works out...


Karma always bite back, rest assured

Irratus_Rusticus

Hi. I'd repeat same advice above about contacting local housing authority because the issue whether it is an 'illegal eviction' to force you out without an eviction order can buy you time to find an alternative place.

"Exclusive occupation" is key - whether you share essential facilities such as kitchen and bathroom with the resident LL but at least have one room exclusively your tenure. (Little advantage in exposing the LL to any higher landlord as to permission to sublet as that doesn't help you apart from revenge).

Ask the Loc Auth for their "Private Sector Tenancy Officer" or similar titled post, and they should give you advice as to your tenure rights and also, if there appears to them to be an illegal eviction underway -- a letter terminating you is not of itself but physically throwing you out without a court order would be if you have more than a "bare licence" -- they have the legal power to intervene if only with a warning letter to the LL that it would be a criminal prosecutable offence.

Its a balancing choice of focusing your efforts whether you look to get out or push for an eviction order. Buying time if you have the legal right to acourt order first makes sense if you need time.

FBaby

I did wonder if we could do the live-in landlord for disability discrimination - she issued the eviction notice at the earliest opportunity after being told I was having surgery - but unfortunately live in landlords are exempt from the Equality Act

On which basis would you do that? That you will not be in a fit state to move things? Your partner is though, so why couldn't he arrange the move?

I do feel sorry for you in terms of the stress that comes with the timing, but expecting the landlord to hold off the eviction for another 6 weeks because of your surgery is a bit naive.

avoidingeviction

Celifein wrote:

I don't see how this could be disability discrimination. You said you've been disabled for over a year, but the LL has only given you notice now that you're having surgery to cure your disability. Isn't that the opposite of disability discrimination?

FBaby wrote:

On which basis would you do that? That you will not be in a fit state to move things? Your partner is though, so why couldn't he arrange the move?

I do feel sorry for you in terms of the stress that comes with the timing, but expecting the landlord to hold off the eviction for another 6 weeks because of your surgery is a bit naive.

The LL was aware of my health problems before I moved in (which was in August) - I do not 'look disabled'. Up until now, my disability has had no impact on them. As soon as it has, in the form of me having surgery, needing time off work and therefore being around the house all day, they have decided to evict us. I would not be having treatment if I did not have these health problems, therefore surely to discriminate against me on the basis that I'm having treatment is essentially discrimination on the basis of disability.

We should not be being evicted at all - we are not in arrears, our rent has always been paid on time, we do our cleaning, they are not moving out etc. etc. We have, in essence, done nothing wrong, but we are being made homeless because I'm suffering the effects of a congenital defect.

Celifein wrote:

I don't see how this is relevant. They've charged you whatever they thought the room was worth. You apparently agreed that this was a fair amount to pay and took the room. Your LL has no obligation to charge you a certain percentage of their rent, so it doesn't matter if it's a quarter, a half, three quarters, etc. The amount they pay is between them and their own LL.

(It's the same with mortgages. Let's say I took a lodger. My hypothetical mortgage payment is £200pm. A double room in that area might rent out for £75pw. So the lodger is actually paying me more than my mortgage payment. I'd be under no obligation to charge them less than the room is worth so that they never pay more than 50% of my mortgage.)

As others have said, your best option is to find another room before your surgery (which it looks like you're already doing). Even if you could somehow force the LL to let you stay, I'd imagine having to deal with someone who clearly doesn't want you there on top of recovering from your surgery wouldn't be ideal.

I hear what you're saying, and I appreciate that something is "worth" whatever people are willing to pay for it, The point I was trying to make, in a more general sense, is that it's extremely galling to be kicked out onto the streets by someone whose lifestyle you're subsidising (and they live a lifestyle of holidays and consumer goods that we cannot afford, despite being on substantially higher incomes, so they're either up to their eyeballs in debt or we're effectively paying for their long haul holidays). I don't think it unreasonable to want to stay put until I'm well enough to move - it smacks of immaturity for them not to have mentioned any grievances and instead to hide behind an eviction notice as soon as our presence becomes inconvenient by virtue of being off work sick (and therefore in the house all day).

Pixie5740

You are lodgers meaning you have few legal rights. Your landlord doesn't need a reason to evict you so rather than wasting your time trying to fight this (as you do t have a legal leg to stand on) focus your energy on finding somewhere else to live before your surgery. If you want more security then rent your own place as tenants rather than renting a room as lodgers.

Pick your battles, don't waste time on one you cannot win.

tomtontom

Why would you want to stay in a house with two people you dislike so much?