Eviction with no contract

hazyjo

Would it be worthwhile informing the local police that you suspect there may be an attempt at an illegal eviction in a week or whatever? Perhaps they could at least read up on it (tbh they don't always seem to know what's legal when it comes to property) and have someone available ready to drop round.

OscarFoxtrot

hazyjo wrote: »

Would it be worthwhile informing the local police that you suspect there may be an attempt at an illegal eviction in a week or whatever? Perhaps they could at least read up on it (tbh they don't always seem to know what's legal when it comes to property) and have someone available ready to drop round.

I'd say contact the council for this. The police are unlikely to have the same person deal with it as when the OP calls

deethebee

:A

G_M wrote: »

The landlord's notice period is additionally determined by the Housing Act 1988 Section 21 which is law and cannot be (legally) altered by a contract or type of tenancy..

OK well as far as I'm aware and have read, changing the locks can be a grey area and could get you into trouble unless you have good reason to do so. At this moment it's not gotten nasty so I wouldn't see a good reason for it as yet.

As for the notice period, I was just explaining the least the guy could do - out of decency. No he doesn't HAVE to move in a month if the landlord gives him a month, I'm just saying offering the guy a month to move is the very least he can do. Not what is required of him by law. Not every landlord gets a legal eviction as tenants are OK with a month's notice to move and many contracts state a month's notice will be given which is agreed to. This may be less than is required by law, but tenants still accept it nonetheless.

G_M

deethebee wrote: »

:A

As for the notice period, I was just explaining the least the guy could do - out of decency. No he doesn't HAVE to move in a month if the landlord gives him a month, I'm just saying offering the guy a month to move is the very least he can do. Not what is required of him by law. Not every landlord gets a legal eviction as tenants are OK with a month's notice to move and many contracts state a month's notice will be given which is agreed to.

See post 7 above:

You could add (if you wanted) that you would be willing to discuss the terms of an Early Surrender if that would help him, but that you'd need help with your onward move if that were the case (eg a financial donation!).

Either the LL/tenant agree an Early Surrender (on any mutually agreeable date and on any mutually agreeable terms) or they use the legal binding procedures and timecales.

hb2

deethebee wrote: »

:A


As for the notice period, I was just explaining the least the guy could do - out of decency. No he doesn't HAVE to move in a month if the landlord gives him a month, I'm just saying offering the guy a month to move is the very least he can do. Not what is required of him by law. Not every landlord gets a legal eviction as tenants are OK with a month's notice to move and many contracts state a month's notice will be given which is agreed to. This may be less than is required by law, but tenants still accept it nonetheless.

A contract cannot take away rights granted by statute.

deethebee

G_M wrote: »

See post 7 above:


Either the LL/tenant agree an Early Surrender (on any mutually agreeable date and on any mutually agreeable terms) or they use the legal binding procedures and timecales.

Sure, and I was just talking about human decency.

deethebee

hb2 wrote: »

A contract cannot take away rights granted by statute.

I didn't say it did. I just said it's common in tenancies and is widely accepted by tenants and they don't often feel the need to challenge it and leave willingly within that month.

caprikid1

"That is shocking that a landlord can expect people to find somewhere else to live within a week!! Disgusting. There really aren't enough rights for tenants "


There are plenty of rights , I think the tenant in this case chose not to have a contract as he felt it was advantageous to him and he liked the flexibility. Clearly feels contracts are a one sided deal.


Now the lack of contract is trying to be exploited by the landlord it is no longer convenient and he is scrabbling to confirm his legal rights.


I have no doubt he would have vanished whenever he wanted... due to "No Contract".


Fortunately their are statutes in place to protect people like this against their own stupidity.

sevenhills

Danair888 wrote: »

The flat is above a restaurant, my landlord owns the whole building and rents out the lower floor to the restaurant owners. He rang me yesterday and said that the restaurant want to turn our living area into a wine bar so we need to move out in a week as the builders are starting on April 1st.

If he is serious, these things take weeks and months to organise. Does it have planning permision? Look on the council web site.
If your landlord is serious, inform your council.

Danair888

Again thank you all for your responses, I’ve learnt a lot.

Just to address on issue that stood out, I don’t know how to quote but Carprikids’s message about me thinking contracts are one sided - I did indeed mention that it was beneficial to me not having one, but I didn’t refuse to sign one, a contract was never offered so I never ‘chose’ to not have one. I also said if I chose to leave I would’ve given 1 months notice out of courtesy, believe that if you want or not! I’m sorry for whatever tennant has previously upset you.

To everyone else who’ve been very helpful:

I don’t really want to go down the lock changing route regardless of legality, I’d prefer to keep it civil if at all possible.

As landlords go he’s been pretty useless from the start, the washing machine and fridge that was promised to be installed the day after I moved in took 4 weeks and 6 weeks respectively!

I think my plan will be to just notify the local police if the situation in case anything happens next weekend but hopefully it won’t come to that. I’m looking for somewhere new to live but if I don’t find anywhere suitable in the next week I won’t be forced out. I’ll politely let him know that a proper written 2 month notice is required but if I find somewhere earlier I’ll move out then.

Thank you all.