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

When_the_going_gets_tough

You might want tio seek specialist advice here but my understanding is that even if you have exclusive possession of a room the fact that you share living accommodation with your landlord makes you an excluded occupier regardless of whether you technically occupy under a licence or a tenancy. I Stand to be corrected but if your landlord thinks this they can evict without a court order and you would have to go to court to try to enforce your rights which would be very difficult in your circumstances. I agree with others that the rent they charge you is irrelevant it is just what the market can bear. I would start hunting for somewhere else. Sorry.

Money_saving_maniac

avoidingeviction wrote: »

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.

BLAH BLAH BLAH... 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).

Have you had the tea and cakes conversation?

There could be other reasons they want to evict you, not necessarily related to your being at home all day sick. For example, previous disagreements, noise, concern over whether you will be able to pay the rent once you are not working...it could also be that they don't enjoy sharing their home and now a pay rise has happened which means they don't have to. If you know why they want you to leave, possibly you could negotiate an extension.

tiger_eyes

avoidingeviction wrote: »

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.

I hear how frustrating this must be, but unfortunately, your landlord doesn't have to justify asking you to leave. This is their home and they have a right to decide who lives there. You can do everything right and still be evicted - I only found out my landlord was selling my rented flat from under me when the section 21 hit my doormat. It's hard, but it's a fact of renting.

rtho782

Pay a removal company to do the moving for you, that way you don't need to worry about being in a fit state post-op. We recently moved 230 miles and had everything packed and unpacked for us in our new 2 bed place. It was relatively expensive because of the distance, but if you don't move too far will probably be under £750.

Next time, if you want more security, rent yourself direct from an owner (rather than a sublet/lodger situation) or buy.

How much money they have and how much of their rent you pay is utterly none of your business frankly.

boliston

Definitely sounds like a lodging agreement to me - things like exclusive occupation would be pretty much normal for a lodger as most lodgers would not expect to have to share their bedroom unless specifically agreed - the bit about deposit protection is a bit of a red herring as this is outside the scope of the DPS. 5 weeks sounds quite generous notice as "reasonable notice" is normally the situation with lodging and depending on the circumstances this could be anything from 4 weeks to "pack your bags now"

baldelectrician

How many people are in the house- it may be a HMO (local council rules dictate what a HMO is; some require 3 floors others don't)


If the council deem it a HMO then many other rules apply (and this gives you more rights)


A house in multiple occupation is a property rented out by at least 3 people who are not from 1 ‘household’ (eg a family) but share facilities like the bathroom and kitchen. It’s sometimes called a ‘house share’.
You must have a licence if you’re renting out a large HMO. Your property is defined as a large HMO if all of the following apply:

• it’s rented to 5 or more people who form more than 1 household
• it’s at least 3 storeys high
• tenants share toilet, bathroom or kitchen facilities

Even if your property is smaller and rented to fewer people, you may still need a licence depending on the area. Check with your council.




https://www.gov.uk/house-in-multiple-occupation-licence

Rosemary7391

Regardless of the legal stuff, I'd try and move pre surgery if you can. I can't imagine it'll be nice trying to recover whilst living with folks who don't want you there - and what if your recovery takes longer than expected?

If you're in the right area, perhaps a good compromise might be a holiday cottage. At this time of year you might negotiate a better price for one, could give yourself a few weeks leeway and that'd give you time to sort out a permanent onward move to someplace you really like.

JimmyTheWig

Best case scenario - "Hi, we got your email about moving out. Obviously we'll start looking. But do you realise that I'll still be recovering from my op at the end of January? Don't suppose we could put it off another 6 weeks until I'm back on my feet, could we? Obviously if there's stuff we're doing that you don't like then let us know and we'll see what we can do." "Sorry, I hadn't realised that. Nothing wrong with what you're doing - we just fancied a bit more space to ourselves. Shall we make it that you move out at the end of March?"

Second best case scenario - Move out before the op.

Don't see where the legal position comes in to it.

Out,_Vile_Jelly

There is a reason why shared lodgings are cheaper; you have less privacy and fewer rights.

Find somewhere new to live, pay a removal service to pack and shift everything for you, and concentrate on convalescing in peace and privacy. Do not underestimate the effect stress can have on the body after major surgery. If you're talking about possible loss of an internal organ, then that is infinitely more important than arguing with a landlord.

Best of luck with the surgery.

booksurr

baldelectrician wrote: »

How many people are in the house- it may be a HMO (local council rules dictate what a HMO is; some require 3 floors others don't)

If the council deem it a HMO then many other rules apply (and this gives you more rights)

HMO status does not have any impact at all on what rights the occupant has

rights are dictated by whether the occupier is a lodger (excluded occupier) or a tenant.

existence or otherwise of HMO status does not alter that. HMO impacts the LL and stems from the infrastructure requirements imposed on the LL if the respective council operates selective licensing or not. If the property meets the definition of a mandatory licence HMO (at least 3 storey and 5 households) then it must be licensed by definition. If it is less than that (eg 3 & 4), it is down to local council policy where they draw the line regarding what has to be licensed.