Private Tenants

jay2020

I have just been told that my landlord is wanting the flat back as he and his partner are splitting up.  Where do I stand during the Coronavirus lockdown

JayRitchie

Do you live there alone - ie he doesnt live there - so not a lodger?

[Deleted User]

He needs to issue you S21 notice which will give you two months to leave (unless you are a lodger).

Marvel1

[Deleted User] said:

He needs to issue you S21 notice which will give you two months to leave (unless you are a lodger).

Only through a court you can be evicted, could take months https://www.thetenantsvoice.co.uk/advice_from_us/section-21-notice-to-quit/

When the section 21 is issued, ensure it's valid https://landlordadvice.co.uk/how-to-serve-a-valid-section-21-notice-the-checklist/ If it's not, don't tell them.

[Deleted User]

To add
Courts are not dealing with evictions at this time, there will be a backlog when they do.
Are you within the fixed term of an AST?

greatcrested

Assuming you are a tenant (not a lodger), he must use the normalprocess to evict, though at present timescales have been extended (to 3 months).

If you have a fixed term tenancy, you cannot be evicted till it ends (unless there's a Break Clause). A S21 Notice must be served on you (with 3 months notice, to expire after the fixed term).

If your tenancy is periodic (rolling), he can serve a S21 at any time, though again, at present with 3 months notice.

ps -don't post twice!

https://forums.moneysavingexpert.com/discussion/6123663/private-rent#latest

theselfishaltruist

The important question here is this:
Are you a lodger (living with the landlord), or are you a tenant?
If you are a lodger, he can kick you out today if s/he wants. (The term "lodger" is not even a legally valid concept, you are essentially just a guest who pays to be there, same as having a friend over, who you can ask to leave, although if you have all your things there, you have more time to move them)
If you are a tenant, you don't have to leave at the end of the month as this is your home.
People often fail to realise that when you have a lease, you OWN an estate in land. Rights wise, there is no difference between a freeholder and a leaseholder, except a freeholder takes the estate once your ownership ends. The term "landlord" is very misleading. Nobody owns land in this country as the Crown owns everything. Instead, we own certain rights in the land, if the government wanted to, they could end everyone's freehold estates tomorrow if they wanted to by passing a law saying so... Long story short, if you are a tenant, this is your home and not your landlords (for the time of the lease), and no you don't have to leave at the end of the month. 

Also bear in mind evictions are on pause right now, and it's likely to take months and months before it could even come to court if it came to that.

I would call the landlord and try and work something out, but don't let him pressure you to leave if you don't want to leave this month.

Comms69

theselfishaltruist said:

The important question here is this:
Are you a lodger (living with the landlord), or are you a tenant?
If you are a lodger, he can kick you out today if s/he wants. (The term "lodger" is not even a legally valid concept, you are essentially just a guest who pays to be there, same as having a friend over, who you can ask to leave, although if you have all your things there, you have more time to move them)
If you are a tenant, you don't have to leave at the end of the month as this is your home.
People often fail to realise that when you have a lease, you OWN an estate in land. Rights wise, there is no difference between a freeholder and a leaseholder, except a freeholder takes the estate once your ownership ends. The term "landlord" is very misleading. Nobody owns land in this country as the Crown owns everything. Instead, we own certain rights in the land, if the government wanted to, they could end everyone's freehold estates tomorrow if they wanted to by passing a law saying so... Long story short, if you are a tenant, this is your home and not your landlords (for the time of the lease), and no you don't have to leave at the end of the month. 

Also bear in mind evictions are on pause right now, and it's likely to take months and months before it could even come to court if it came to that.

I would call the landlord and try and work something out, but don't let him pressure you to leave if you don't want to leave this month.

You're incorrect. Whilst lodger isnt the legal term, excluded occupier is. Certainly not a guest. 

greatcrested

theselfishaltruist said:

The important question here is this:
Are you a lodger (living with the landlord), or are you a tenant?
If you are a lodger, he can kick you out today if s/he wants. (The term "lodger" is not even a legally valid concept, you are essentially just a guest who pays to be there, same as having a friend over, who you can ask to leave, although if you have all your things there, you have more time to move them)

As previous posts have made clear, yes the important question is whether the OP is a lodger or tenant.

But a lodger (legally 'Excluded Occuper') is not a guest. A lodger has a contract (accommodation in return for rent), just as a tenant does, it's just that a tenant has additional rights and protections provided by statute on top of the contract.

The lodger's contract might, for example, require either side to serve 4 weeks notice (or some other time period), and this would be contractually binding.

Even if the contract does not specify a notice period at all, there is an implied term in the contract that notice would be 'reasonable'. Reasonableness would depend on specific circumstances, but a general rule of thumb could be said to be a weeks notice if rent is paid weekly, or a months notice if rent is monthly.

So no, the LL cannot "kick you out today if s/he wants".