please help eviction help

killahpriest666

we've been renting a room in a house share for last 2 and half years...paying the landlord who we assumed was the owner...

however we just received letter 2 days ago from estate agent company saying the landlord has been illegally sub letting the house in a house of multiple occupants and the council are aware and the real owner has taken possession proceedings to get the property back

they say on the letter by 3rd april we should be gone from the property?

the landlord has our deposits and we cant get hold of him we think he may have ran away etc..

in 2 weeks we wont have enough money to rent another place..

can we really be evicted in 2 weeks?

does the coronavirus have any effect on this at the moment?

if and when it goes to court would we be liable to pay any costs even tho we as tenants have done nothing wrong?

we have checked our contracts and all of us in the house our contracts say lodger agreement even tho the landlord doesnt live here and never did....and his adress is different on all contracts so most likely he rented the place under false identity or something..

we dont know what to do.....can we legally stay past the eviction date? should we stop paying rent?

[Deleted User]

It does sound like you are a tenant rather than a lodger and therefore due 2 months notice at least.  I'd advise phoning Shelter for advice or your local housing department.  Sorry you are in this situation.  I'd also keep the rent you would normally pay your 'LL' in your bank account, so it can be paid if necessary but is there to help when you do have to move.  Don't spend it on other things!

Did the house have a visit from someone from the council in the last few months?

princeofpounds

If your landlord never lived there, and you can evidence this (i.e. the different addresses on the contract) you are tenants and not lodgers no matter what the words on the agreement say. You had exclusive occupation in return for rent. 

No you cannot be evicted in two weeks. The 'head' landlord has to terminate the tenancy of your landlord with a Section 21 or Section 8 notice and then gain a possession order to take control of the property. Any sub-tenancies are then cancelled at the same time. To enforce it, they would then need to retain the bailiffs or high court enforcement officers. You only absolutely have to leave when the bailiffs turn up, but it's usually wise to do so ASAP when the possession order is granted, otherwise you risk it happening at a surprise point (especially if HCEOs are involved). So you probably have months in the property if you really need it, although you will have to move eventually.

In theory, any Section notice should come to the property (did the letter from the estate agent contain one already?). Court letters should also come to the property, in theory. If/when they do, I believe that nowadays you can ask the court to be listed as an interested party (didn't used to be the case a few years ago) which can help in terms of receiving further information and setting timescales.

No you would not be liable for court costs or damaged to the head landlord. Theoretically, you do still owe rent to your landlord, but if they have disappeared, especially with unprotected deposit money, then it's probably one of the rare situations where not paying rent becomes a sensible option.

Coronavirus may have a huge impact on your situation. It looks like eviction proceedings may be frozen for some months, which is of huge benefit to you potentially. 

Aside from witholding rent to your landlord, you should probably write a very brief letter to the head landlord (or more realistically their agent). You should say that there are occupiers in the house who held valid tenancy agreements with your landlord/their tenant. Whilst you appreciate that your landlord/their tenant has caused them problems, your tenancy should be respected until a possession order is granted. Once a possession order is granted, you will move on with full co-operation.

You may find they come back with a load of nonsense to try to bluff you out, but if you are fortunate they may approach you to negotiate a settlement and pay you some money to voluntarily surrender your tenancy. That would largely depend on whether they can get your landlord to surrender as well.

greatcrested

The gov has ruled that evicion proceedings cannot start forthe next 3 months. Thi is slightly 'out of the ordinary' scenario as the owner is evicting sub-tenants, so the courts may have to rule on whether the new regs apply, but I suspect they do.

https://www.gov.uk/government/news/complete-ban-on-evictions-and-additional-protection-for-renters

killahpriest666

thanks for your reply greatly appreciated...so basically the letter says
 "if you are residing in the property and are not the above named person please contact atkinson mcleod as a matter of urgency"

should i call?

"unfortunately the legal owner of the property has no alternative but to serve you with the attatched notice under section 8 of the housing act 1988"

theartfullodger

What grounds under section 8?

Don't talk to them, don't reply by letter or email.  Call Shelter 0808 800 4444.

Even if section 8 is valid (I doubt it) then even before covid19 it did not end tenancy nor compel tenant to leave.  Only a court then Bailiffs can do that, normally 5-6 months.

If possible pay the actual owner any rent to further establish you have a tenancy.

Best regards.

Artful: Landlord since 2000

princeofpounds

I don't think there is any harm in contacting them, if only to notify them there are occupants. It will be necessary at some stage (practically, if not theoretically).

Agree that it's worth talking to Shelter first - you basically want to fully understand your situation before you do talk to them.

greatcrested

the fact they are using S8 is in your favour (though as artful asks above, what 'ground'?). This confirms they are treating you as an assured tenant under the Housing Act - not as, for example, a squatter or 'Excluded Occupier'.

The new regulations this week (see my link above) apply to tenants, so as I understand it, no court will consider a S21 or S8 for the next 3 months.

But this is all new so there is some uncertainty.

45002

greatcrested said:

The gov has ruled that evicion proceedings cannot start forthe next 3 months. Thi is slightly 'out of the ordinary' scenario as the owner is evicting sub-tenants, so the courts may have to rule on whether the new regs apply, but I suspect they do.

https://www.gov.uk/government/news/complete-ban-on-evictions-and-additional-protection-for-renters

Just to point out emergency legislation stopping evictions, only started its 1st reading through Parliament yesterday

The 1988 Housing act remains in force still for know 

You can follow the legislation below

https://services.parliament.uk/bills/2019-21/coronavirus.html

The bill is only 239 pages long !

killahpriest666

the whole letter reads
dear Landlords name and some womens name 
" if you are residing in the property and are not the above named person please contact atkinson mcleod as a matter of urgency
we are advised by london bourough of tower hamlets that the property is being illegally sub let and is operating as a house of multiple occupants
unfortunately the legal owner of the property has no alternative but to serve you with the attatched notice under section 8 of the housing act 1988
this notice is to advise you that should you not give up possession of property by april 3 your landlord has given instructions to issue legal proceedings against you in t he county court for possession of the above propert, arrears of rent, interest and costs
we wish to advise you that apart from you having to give up possession of your home your name and adress may be entered onto the register of county court judgements if a court order is made against you

caprikid1

"this notice is to advise you that should you not give up possession of property by april 3 your landlord has given instructions to issue legal proceedings against you in t he county court for possession of the above propert, arrears of rent, interest and costs
we wish to advise you that apart from you having to give up possession of your home your name and adress may be entered onto the register of county court judgements if a court order is made against you "

LL surely can't get you for rent as you have no contract with him, can apply to evict but will almost certainly lose ?