Eviction advice needed please

jenflint

I'm hoping somebody here could offer some advice, I'll try explain best as I can. 
Tenancy holder lived with her partner (not married) and adult daughter for 7 years in private rented property. Tragically she passed away on June 15th. From what I've gathered the landlord offered him a new tenancy which he declined as he cannot afford the house anymore and rent payments have fallen behind. (Hes retired on a small pension). On Friday the landlord hand posted a letter, dated July 24th stating as there is no tenancy he isnt allowed to be there so he is going to apply for an interim possession order with the court. It also says that he must pack his stuff, empty the house and return the keys by Monday 27th July. 
I've advised that they ring CAB and the council first thing in the morning but wanted to try find out more info for them if possible. 🙂

AdrianC

Whatever the situation regarding the tenancy, one thing's for sure...

The landlord is not going to be getting any kind of possession order tomorrow morning.
The first date that the courts will accept applications is 23rd August.
https://england.shelter.org.uk/legal/housing_options/covid-19_emergency_measures/rent_arrears_and_eviction#1
Even then, the backlog is going to be MASSIVE. And that's assuming his notice is valid, which it isn't.

Interim possession order does not apply.
https://england.shelter.org.uk/legal/security_of_tenure/squatters/eviction_through_the_courts/interim_possession_orders_ipos
"interim possession orders can only be used to evict squatters who entered the premises without the consent of the owner, not against ex-licensees or anyone who was allowed in by a tenant (even if the tenancy has come to an end) or anyone who has ever been given any kind of permission to occupy the property from someone who had a right of possession"

The landlord has no power to say he must leave by tomorrow. Apart from being utterly ridiculous and callous, the only people who can say "must leave" are the courts. If the landlord tries doing anything to force him out, that's a criminal offence.

This does not mean that all is rosy, of course. You can bet there's a very unpleasant time ahead unless the landlord comes to his senses sharpish. If the occupant can pay something - anything - towards the back rent, this would be a very good time to do so.

Good luck.

Smodlet

jenflint, please listen to AdrianC; he is a landlord and knows whereof he speaks.

I wish your friend luck but, in any event, only a court can evict someone, not a landlord; not even squatters as I understand it (I think the council have to do that but no doubt AdrianC will correct me.  

You can learn a ton of stuff on here, jenflint, almost all of it from landlords (apparently, there are some decent, law-abiding ones out there)  Gotta love the irony, huh?

theartfullodger

Sorry to read this sad story.

AdrianC 100% correct.

Call Shelter free helpline 0808 800 4444 - there may be a wait. They are the experts in these things, a (very busy) charity.

Has anyone seen the tenancy agreement? If so who (you having checked..) who is named as tenants please?

If the person you refer to as "the tenancy holder" is/was the only named tenant then (weirdly..) their dying does NOT end tenancy (unless this is Scotland) nor compel anyone else in the place to leave.  The tenancy continues under the estate of the deceased tenant.  Is there a will & are there named executors? If so they can handle things.

This may help a bit..

https://www.landlordlawblog.co.uk/2014/05/21/what-happens-to-a-tenancy-when-the-tenant-dies/

as may this (a bit detailed)

https://england.shelter.org.uk/legal/security_of_tenure/succession

If it's at all possible if someone can pay a bit of rent to landlord (if possible bay bank transfer so they've got proof) that will at least bring uncertainty about there then being a NEW tenancy - which will delay landlord eviction further.

If landlord does anything silly (threats, changing locks.. ) call police immediately. If they (they will probably) say "Nah, landlord/tenant is all civil mate, not us" then gently remind them that illegal eviction and/or harassment are criminal offences that landlords can and have gone to jail for.

The occupants must NOT leave and I would advise all communication to be calm, polite, and if possible confirmed in writing (letter or email, keep copies).

Only a ****ole of a toad of a disgraceful landlord would behave as you describe: Should be deported, especially if born here.

Best wishes

Artful: As it happens a wicked and evil landlord since 2000

Slithery

There is still a tenancy. It doesn't just end if the tenant passes away, it continues and becomes the responsibility of the deceased's estate.

greatcrested

Death does not end a tenancy. The Estate of the deceased is now responsible for the tenancy (rent etc) and has all the same rights. That means the Executor of the will, or the Administrator.

The landlord must serve either a S21 or S8 notice.In both cases, the notice must expire after at least 3 months from date it is served (coronavirus Act 2020).

Since the landlord clearly has no idea of the relevant tenancy laws, the tenant should immediately change the locks (keep the old ones to replace later) to protect from harassment, illegal eviction etc.

Appllication for interim possession order (if even heard) will be thrown out.

https://www.youtube.com/watch?v=VXAo7zSN-9o

https://www.youtube.com/watch?v=IIPyqtOmprE

bradders1983

theartfullodger said:

Sorry to read this sad story.

AdrianC 100% correct.

Call Shelter free helpline 0808 800 4444 - there may be a wait. They are the experts in these things, a (very busy) charity.

Has anyone seen the tenancy agreement? If so who (you having checked..) who is named as tenants please?

If the person you refer to as "the tenancy holder" is/was the only named tenant then (weirdly..) their dying does NOT end tenancy (unless this is Scotland) nor compel anyone else in the place to leave.  The tenancy continues under the estate of the deceased tenant.  Is there a will & are there named executors? If so they can handle things.

This may help a bit..

https://www.landlordlawblog.co.uk/2014/05/21/what-happens-to-a-tenancy-when-the-tenant-dies/

as may this (a bit detailed)

https://england.shelter.org.uk/legal/security_of_tenure/succession

If it's at all possible if someone can pay a bit of rent to landlord (if possible bay bank transfer so they've got proof) that will at least bring uncertainty about there then being a NEW tenancy - which will delay landlord eviction further.

If landlord does anything silly (threats, changing locks.. ) call police immediately. If they (they will probably) say "Nah, landlord/tenant is all civil mate, not us" then gently remind them that illegal eviction and/or harassment are criminal offences that landlords can and have gone to jail for.

The occupants must NOT leave and I would advise all communication to be calm, polite, and if possible confirmed in writing (letter or email, keep copies).

Only a ****ole of a toad of a disgraceful landlord would behave as you describe: Should be deported, especially if born here.

Best wishes

Artful: As it happens a wicked and evil landlord since 2000

Sorry to take the thread off course...but how do you deport a British citizen? 🤔

Murphybear

Agree with others.

No one can force him out and if the landlord or his agent tries or threatens him in any way then they should call the police.

if not done already he should change the locks, that is perfectly within his rights but he should put the original ones back when he leaves.

if he is struggling to pay the rent then he may be entitled to some help ie  housing benefit.  there are lots of calculators online or contact Citizens Advice who can also advise on other benefits.  There’s lots of help available to someone whose only income is a small pension. 

Finally one final point.  I worked in the business for years and can assure you the vast majority of landlords are good.  

FreeBear

bradders1983 said: Sorry to take the thread off course...but how do you deport a British citizen? 🤔

You send them to the Isle of Wight...

I'll go and get my hat & coat..

Slithery

Murphybear said:

if he is struggling to pay the rent then he may be entitled to some help ie  housing benefit.

I'm not sure that housing benefit would be available if he can't provide a tenancy agreement in his name.

Alter_ego

Sorry to take the thread off course...but how do you deport a British citizen? 🤔

    Put them on a ship bound for Australia.