(Advice for a friend) Friend is lodger and having LL problems

dekaspace

He lodges with a couple and not been there long and only wanted somewhere to stay 6 months and bought furniture for the room and has a lot of nice things.

Just been informed by whom he rents from their landlord is wanting them out as wants to sell unless they pay their entire contract off.

So my friend is stuck in the middle, the couple have asked him for more money so he is paid up to August with them and now they say they will be out before that.

Hes getting messed around totally but it seems more the couple didn't plan this but neither seem that bothered.

He could get another property but that means another 6 month contract (which is why he wanted lodging) moving the stuff, worry about bills/council tax etc.

So partly I wanted to help them find out what rights they have, its in England im not sure when their current contract ends and also not sure notice period.

The couple themselves don't want to move (They spent a lot of money redecorating typical) but think they have to accept it as the landlord is selling.

PasturesNew

As a lodger he has few/no 'rights' as such. He needs to really just find somewhere else, as a lodger, or on an AST and suck it up as "!!!!!! happens".

The trouble with owning any furniture is it's difficult/expensive to move and prone to damages when moved.... but he's got it now.

He could look for an annexe to rent. Many of those are "bills inclusive", with the landlord living next door (which doesn't suit many people")

pmlindyloo

Can you just clarify?

Your friend is a lodger in a house with a couple.

The couple rent from a landlord and their landlord is selling up?

Is this correct? If not, then please explain.

If the couple he rents from have a rental agreement then I am not sure about the part where you say the LL has asked them to move out unless they pay their entire contract. This doesn't make sense.

If the couple move out then the lodger (your friend) only need to pay up to when they move out.

Please clarify.

dekaspace

PasturesNew wrote: »

As a lodger he has few/no 'rights' as such. He needs to really just find somewhere else, as a lodger, or on an AST and suck it up as "!!!!!! happens".

The trouble with owning any furniture is it's difficult/expensive to move and prone to damages when moved.... but he's got it now.

He could look for an annexe to rent. Many of those are "bills inclusive", with the landlord living next door (which doesn't suit many people")

Im more asking on regards to if their LL tries to force the couple out thinking they don't know their rights which means my friend has short notice to find somewhere and gets messed about, he only moved down there a few weeks ago and spent money moving the little stuff he had down, buying a bed and desk when he was there and was just getting settled.

He like me thinks a bedsit is best but in that area theres a lot of rough agencies, he already saw a few properties before he took that which had furntiure so old the cookers were rusted and full of old caked on food, high utility charges, water rates, council tax etc.

To be honest his original plan at one point was staying in a hotel as he often travels at weekends due to having a train pass due to disablity so would work out cheaper 4 days a week in a hotel but he wanted his own freedom to cook, and have a nice tv and small desktop to use when bored.

booksurr

he has no rights whatsoever to continue top live there if the owner/LL evicts the couple of whom he is their lodger.

if the couple have no right to stay then he certainly has no relationship with the LL and thus no right to stay.

how the LL goes about evicting the couple is not really your friend's problem as it depnds on a long list of things that your friend has no business to ask or know about, for example: was the couple deposit protected and the relevant info given to them, are they still under a fixed term or have they gone periodic, was the deposit registered and info served, has a section 21 been correctly issued?

dekaspace

booksurr wrote: »

he has no rights whatsoever to continue top live there if the owner/LL evicts the couple of whom he is their lodger.

if the couple have no right to stay then he certainly has no relationship with the LL and thus no right to stay.

how the LL goes about evicting the couple is not really your friend's problem as it depnds on a long list of things that your friend has no business to ask or know about, for example: was the couple deposit protected and the relevant info given to them, are they still under a fixed term or have they gone periodic, was the deposit registered and info served, has a section 21 been correctly issued?

I should be clear, he/we KNOW he has no right to live there I am not asking on that way but to help the couple stay longer as they want to stay and it seems the usual scenario of they spent a lot of time and money doing up a property to be asked to move either that or they don't want my friend living there for whatever reason (they did say originally they were offered more money from someone else and did it as a favour also that the sister wanted to move in in September as is pregnant so maybe she wants to move in earlier)

But if the landlord tries to force the couple out without going through the proper methods it would help my friend to give the couple information needed to stay a little longer for everyones sake.

I saw the text my friend got it mentioned the couples landlord wanted them to pay rent to the end of contract which they couldn't afford to do (which implies quite a few months left) it also explains why they wanted my friend to pay up more than he already was asked, but could also mean they have financial problems and are making excuses.

So if the couple leaves despite not wanting to and being in contract it makes things difficult for my friend whilst if we can get the information to help them stay a few months.

And yes I know about section 21 just wasn't clear on things as if it was a 1 or 2 months notice or how long they have left.

But it was more assuming lets say their contract ran out end of May, whats the earliest LL could want them out?

I doubt he can sell the house that fast anyway but even if they did I remember reading before new LL can't chuck them out until end of their contract anyway.

theartfullodger

Landlord just saying they must go, or just writing saying "you're out sunbeam" changes nuffink.

The landlord must serve correct notices on actual tenants (many landlords get these wrong - could already be served) then if they don't go (notice does not end tenancy nor require them to go..) landlord must start court action. If starting from no notice probably 3-4 months if paperwork perfect.

If contract ends May there may already be a valid s21 served expiring after last day of current tenancy: Probably take landlord another 2 months or so, assuming paperwork correct.

Unless there is a specific clause about viewings, valuations, photos etc for selling the place highly unlikely tenants have to permit viewings, valuations, surveys, photos etc etc..

Possession orders/bailiff paperwork usually say e.g. "Mr & Mrs Tenant & any other occupants...""

The tenants should 'phone Shelter 0808 800 4444 for advice & help.

dekaspace

From what I know they only found out a few days ago when their landlord gave them the ultimatium (by what the text they sent my friend says) so assuming they were given a months notice that would be almost the end of May

The text specifically said their landlord wanted payment to end of their contract which they couldnt afford and considering they just got 3 months rent from my friend and such I'd say its likely more than a month left on their contract especially when the text said their landlord asked them to pay up to end of contract OR he will sell the house which would imply again its more than a month left.

I am assuming the couple know little about their rights as the way the texts are written are like they think they have to move because the landlord says so despite having a contract.

I better say thanks so far, I have a habit of not saying to end normally.

Id say my friend wants to stay until the end of July at earliest as I had a holiday planned then for my birthday and we were going to some big events that has been planned for over a month so ideally mid August is the sweet spot.

I was going to suggest Shelter to them but wanted to tell them some advice before that in case they think they have to leave despite being in contract period as LL says so.

[Deleted User]

As already explained, if they are still in their fixed period, they do not have to leave until the contract ends. Nothing the LL can legally do to make this happen. He can serve a S21 two months before the contract ends so notice is served simultaneously and ends at the point the tenancy ends, but no point in serving it before. If the LL doesn't do this, the tenants still have to be given 2 months notice before the LL can even begin pursuing a possession claim. This will normally take 3 weeks to a month to take effect (the court has to give a further two weeks notice and depending on the area, there can be waiting lists for the case to be decided upon, but don't depend on this).

The tenants will be ordered to pay the £280 costs for the court appearance and sometimes can fight the case by saying repairs haven't been done, delaying the possession claim til its been established the repairs have been done or aren't needed.

Then the LL needs to get a bailiffs warrant and they also have to give 2 weeks notice. There can be waiting lists for this as well so will take a minimum of another 3 weeks. It can be a lot longer.

Again the tenants will be ordered to pay court costs, but the LL has to pay them first so the LL will be expected to pursue the payment from the tenants.

It sounds to me like the LL is in need of money. But even if the property was repossessed, the same process would need to be pursued as far as I understand it.

If the tenants are in arrears, they can be evicted for the arrears but not because the LL has changed the terms of the tenancy agreement and wants money to contract end (in advance).

Obviously I wouldn't take on any kind of property where a LL was asking for money up front because they are short of money. Huge red flag. As a lodger, where you can be evicted with no notice.., it just wouldn't be worth it. Your friend can try to take the actual tenants to court for this but he might have a problem actually getting anything.

trevormax

OP, I would suggest to the tenants that they visit this site for advice as they sound clueless on their rights and on what the LL is allowed to do.

Also I would suggest to your friend to be careful as my spidey scam sense is tingling when I read that they are saying they need more money or they are all out.

AnnieO1234

The landlord asking for payment till end of the term makes it sound as though they're behind with (or have been behind with) rent. In any event he can't demand rent that isn't yet due. He can sell the house if he wants, the tenancy would move with the house if he managed to sell it fast.

In many ways this isn't your friend's problem. Does he have a receipt showing what he's paid and for how long? If the couple are in financial difficulty though he may find there's nothing to sue them for if he ended up homeless despite this up front payment.

I would advise your friend to speak to the couple and ask when their fixed term ends. Advise them of what's been said here. If it's after your friend has paid till, great for him. If it's before, or they're in a rolling contract then he may be best to cut his losses and find someone or at least line somewhere up for the not too distant future xxx