Landlord wants to move back in to property

ThePants999

Will bet some significant proportion of my savings that s8 ground 1 isn't valid here

G_M

ThePants999 wrote: »

Will bet some significant proportion of my savings that s8 ground 1 isn't valid here

I'm not taking that bet, but had to mention the possibility for legal completeness.

csgohan4

Sadly another thread where family and money shouldn't mix.


The family member was generous to help you out 7 years ago with accommodation, your now thinking about your rights and wanting to stay longer when they need the house back.


Morally you should find somewhere else to live than to bean count and find ways to stay longer. Probably paying sub market rates as well?

[Deleted User]

lisyloo wrote: »

Because they don't think their family member would make difficulties for them? (this isn't implying the tenant is making things difficult).


El4ine - If you want the council to help then don't move out. They will insist you don't make yourself intentionally homeless so don't do anything until you've consulted them.
You have kids but that doesn't necessarily mean you'll end up together if you force their hand. You could end up in B&B in seperate places.

If this happened with young children, unable to look after themselves , I suspect the council would find themselves in serious trouble.

Pixie5740

csgohan4 wrote: »

Sadly another thread where family and money shouldn't mix.


The family member was generous to help you out 7 years ago with accommodation, your now thinking about your rights and wanting to stay longer when they need the house back.


Morally you should find somewhere else to live than to bean count and find ways to stay longer. Probably paying sub market rates as well?

Yes it was so generous of the family member to let the OP stay there in exchange for rent. Why assume that the rent was sub-market rate? Given the lack of written agreement or properly served notice is would be very easy to assume that the landlord isn't doing everything by the book possibly because it's family.

A lot of people are talking about council accommodation but I haven't seen the OP mention wanting to be housed by the council or waiting until bailiffs physically remove her from the property. All the OP wants is more than a month's notice which they are legally entitled to get. At no point has the OP said she will not move.

lisyloo

If this happened with young children, unable to look after themselves

Of course the children wouldn't be left on their own, that's not what I was suggesting, but what makes you think the council has accomodation to suit everyone available ? clearly that isn't the case.


Here's a link to show I didn't just make it up !!
https://www.bbc.co.uk/news/business-46137624
see section on Michelle Hunte

She ended up living in a bed and breakfast, while her six children lived elsewhere.

I didn't make the point to scaremonger about worse case scenarios.
But my advice was for the OP not to make herself intentionally homeless by agreeing to leave if she may want help from the council.

stator

First job: Change the locks.


The landlord may not realise that they are a landlord and that you are a tenant who has rights.
They might not realise that chucking you out would be illegal.
Lots of people have funny ideas about properties they own and think tenants should just get lost when they are told to.


So change the locks to prevent an illegal eviction.
It is REALLY easy to change the locks yourself and you can always swap them back again if you want

chucknorris

El4ine83 wrote: »

My landlord (a family member) has just informed us that he wants to move back into the property.


We have no tenancy agreement and need to know our rights? We have rented this property for over 7 years. Local council say we have to legally have 2 months notice (but we have only been given 1 month).


Any help would be great.


Thanks
Elaine

Apologies if I overlooked an explanation on the thread of why the landlord wants to move in so quickly. Before escalating the matter by changing locks or refusing to move out etc. (in your situation I wouldn't move out that quickly either). Have you asked 'why only a months notice? Why is it so important for the landlord to move so quickly? Maybe it isn't important.

It's difficult to imagine that someone wouldn't realise that a month might be too short, but maybe he has been told or just assumed that a month is standard practice. In your situation the first thing I would do is to explain that the notice period should be two months (running from the date the rent is paid, so most likely more than two months, it could be almost 3 months). At the same time I would also ask if it might be possible to have longer than 2 months notice, if you dig your heels in and force him to evict you, it is going to take a long time to evict you anyway. If I was in your landlord's position (I am a landlord) I would play ball and give you much longer, why go through the hassle of evicting a tenant, especially one who is a family member?

moneyistooshorttomention

Errr...it's not just "a property they own".

They need to move back into it themselves.

The tenant would be keeping someone out of their own home that they need to live in themselves - and, with the person currently renting to them being a family member = bang go family relations on the spot if the tenant "stands on their rights".

lisyloo

The tenant would be keeping someone out of their own home that they need to live in

When you rent out your home you need to understand the law and understand that you are making it unavailable to yourself for at least 2 months.
If you might need it at short notice then you shouldn't rent it out.


You should also be aware that although you have right to have it back after 2 months there is a risk the tenant might not comply.


Basically before you take the money you should understand the law, your oligations and the risks.