Locked-out from flat by LL: Any help appreciated...

advicemse

Hi,

I have been locked out of my flat by the landlady after she sent me a WhatsApp message to remove all my goods within 2 weeks(!). I appreciate any advice you can provide.

The background…

The landlady is a friend of a friend who comes from a wealthy foreign family. Her family have central London properties and I had an arrangement with her as she needed someone to look after one of these flats as she moved abroad.

I have been residing in and looking after one of their flats since Sept 2018. The arrangement was that I live there, fix any problems that occur, sublet it - and when her or her family occasionally come to visit London they stay at the flat.

There was 'no formal AST' and for most of the year during 2019 she received regular monthly payments from me to cover the rent. Her family and she came to visit on 2/3 occasions for very short period during 2019 with her asking for my agreement to do that.

During Dec-19 to Feb-20 there was a lot of maintenance issues that she was unwilling to pay to sort out which made it hard to stay there or sublet. Then COVID-19 struck and again no rental payments were made. Whilst I sent her a message about the flat, there was no response from her until June-20. Then I got a whatsapp message mid-June from her saying I need to remove all my goods and belongings by 1st of July. She indicated she was now selling the flat.

I Whatsapp back saying she needed to provide a larger notice period and that I wouldn't get in the way of her plans if she was selling the property by ensuring the place was in good condition and viewings were accommodated. Her response was to say that she was contacting her Harley Street Solicitor.

 … it seems now the locks have now been changed and my stuff is inside.

 I have received some conflicting advice. I do need help on the below:

• Without a formal AST, how can I understand if I have a "Periodic Tenancy" or a "Tenancy at will"?
• If this is a "Tenancy at will" was the 2week notice period provided "reasonable notice"?
• Could she or her solicitor even argue I only have a "License" to stay at the property?
• Could I now enter with a locksmith, change locks and then request a 3m section-21 notice?
• Or what should I do moving forward?

 My thanks for any direction.

 

[Deleted User]

Phone Shelter https://england.shelter.org.uk/get_help.  It is likely you have a tenancy agreement as you were living there and the LL wasn't.  But I am unsure if the agreements you made with the LL would affect this.  I don't think so but you are better off phoning Shelter for more knowledgeable help.  The LL could easily find themselves in trouble for an illegal eviction.  Even if you don't have a paper TA agreement, the fact you paid rent and the texts you have will help prove you had a tenancy.  I think.  So phone Shelter, urgently.  A lot depends on the original agreements you made.

Thrugelmir

When did you last pay rent? 

foxy-stoat

Phoning shelter would be a good step, heres hoping you made regular payments to the HMRC for the tax on the rental payments if she was living abroad for more than 6 months of the year.

Comms69

Break in. Charge her for repairs, report her to council. 

greatcrested

* You pay rent (albeit erratically - but clearly she expects it), and she provides accomodation. You have a tenancy.

* she is not a resident landlord.

* It is an AST - based on oral agreement not written agreement.

* no fixed term was agreed (as I understand you) so it is a Contractual Period Tenancy

* Eviction must be done via a S21 or S8 Notice expiring 3 months after service.

* Changing the locks and giving 2 weeks notice  is a criminal offence - see Protection from Eviction Act 1977section 1

A person guilty of an offence under this section shall be liable—
(a)on summary conviction, to a fine not exceeding [F2the prescribed sum] or to imprisonment for a term not exceeding 6 months or to both;
(b)on conviction on indictment, to a fine or to imprisonment for a term not exceeding 2 years or to both.

* Try to pursuade a locksmith to break in and change the lock. Sometimes they request proof you have the right to do this (eg ownership or tenancy agreement), but anything with your address on it (driving licence) might be enough.

* contact the police. Often they claim housing matters are civil, not criminal, so you need to be insistant (quote the Act to them). At the very least get a crime number. Apart from anything else you need to pre-empt the LL accusing you of breaking in. So get your complaint on record. If you are lucky, they may take up your case and interview the LL.

* Contact the local council. Trading Standards can prosecute the LL. If the council have a 'Private Tenancy Officer' or similar, contact them too.

* contact Shelter.

* search to see if there is a local Neighbourhood Legal Centre offering free advice/help

* apply to the county court for an eviction injunction

* Read:

http://england.shelter.org.uk/housing_advice/eviction/what_is_illegal_eviction

advicemse

deannatrois said:

Phone Shelter. It is likely you have a tenancy agreement as you were living there and the LL wasn't.  But I am unsure if the agreements you made with the LL would affect this.  I don't think so but you are better off phoning Shelter for more knowledgeable help.  The LL could easily find themselves in trouble for an illegal eviction.  Even if you don't have a paper TA agreement, the fact you paid rent and the texts you have will help prove you had a tenancy.  I think.  So phone Shelter, urgently.  A lot depends on the original agreements you made.

Thanks. The verbal agreement was an in-person chat in 2018. But its probs a good idea for me to review past whatsapp messages over the last years - think they started off mostly about fixing things (as the previous tenants left the place in a state), conversations about which bills I was responsible for and more txts about water leaks and problems as they started to occur near the end of 2019. 

I did try to contact Shelter as a first step - the online chat was unavailable and call centre was not accepting any calls. I suspect they may be overwhelmed at this time. I'll have a go calling them again, but will try and self-help as do not want to burden them if I am able to help myself.   

advicemse

Thrugelmir said:

When did you last pay rent? 

There were regular payments from Sept -18 until about Dec-19. It has been a while since a payment has been made - the flat had problems with water leaks during Dec onwards, electricity had to be off for periods so I had to get used to living in alternative places. During the COVID-19 period I was only there for short periods of time (emptying buckets and trying to get the council people to fix water leaks) - it was privately owned in a council block. I think she understood there would be an issue with payment as I was relying on subletting & lodgers to pay the high rental amount - thus she didn't seem to say anything about the lack of payment during the lockdown.  I was needed to help family members sheltering outside of London and figured I would use the COVID-19 time to fix the flat issues and then get back to the flat and subletting/ taking on a lodger, when the virus issue ended - but instead received the message from her to leave within 2 weeks. 

advicemse

foxy-stoat said:

Phoning shelter would be a good step, heres hoping you made regular payments to the HMRC for the tax on the rental payments if she was living abroad for more than 6 months of the year.

Hi, that is a good point. I suspect now that she wanted this arrangement with no estate agent, so she didn't have to pay any tax as a foreign resident landlord.

greatcrested

As you are paying an overseas landlord you should read this

HMRC for overseas landlords (Non Resident Landlord Scheme)

However that's a separate issue to the illegal eviction (though you could subtly threaten to inform HMRC unless she starts treating you properly as a tenant....)

The repairing issues are also seperate and irrelevant to the eviction.

The rent arrears could be used to evict but she still has to serve a S8 Notice with 3 months expiry before going to court.

rik111

Of course if she can prove you have been making regular payments for rent which ceased in December 2019 and you claim you have a tenancy agreement, you will now owe her nigh on 6 months rent. If you do Force her to evict you these rent arrears will continue to clock up and you could walk away owing her an awful lot of money. You could make a defence that the place was uninhabitable but then it could be looked upon as to why you stayed and had to be evicted. I think you may be getting away lightly here and should just walk away before you end up 8n serious debt.